Jurnal Kajian Pembaruan Hukum
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.
Articles
41 Documents
<![CDATA[Aspek Regulasi dan Kewenangan Penegakan Hukum Pajak Reklame ]]>
<![CDATA[Tinara Aisyah Nikita]]>;
<![CDATA[Adhitya Widya Kartika]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol 1 No 2 (2021): July-December 2021 ]]>
Publisher : <![CDATA[Master's Program at the Faculty of Law, University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v1i2.24394
<![CDATA[The Mayor's Regulation Number 21 of 2018 licenses procedure and other matters that the taxpayer must obey. This study analyzed the effectiveness of law enforcement on the late-payment of advertisement tax in Surabaya. This study used empirical legal research that observed the effectiveness of the law in society and how the law works in society. The data collected were from documentation from literature and legislation, observation in the community, and interviews with related parties. It showed that law enforcement was effective but with several obstacles experienced in enforcing the law. In particular, it dealt with the COVID-19 pandemic as the challenge that required new conditioning according to the recommendations from the central government. This study concluded that the law enforcement of billboard tax payments in Surabaya is quite effective due to the achievement of tax revenue targets that always reach the target. However, there are still many obstacles faced, and several solutions deal with these obstacles. KEYWORDS: Advertisement Tax, Billboard Tax, Law Enforcement, Tax, Surabaya.]]>
<![CDATA[The Implementation of the Juvenile Justice System in Terrorism: Indonesia Case ]]>
<![CDATA[Rd. Yudi Anton Rikmadani]]>;
<![CDATA[Puguh Aji Hari Setiawan]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol 2 No 1 (2022): January-June 2022 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v2i1.27642
<![CDATA[ABSTRACT: This research aims to review the right to child protection as well as the implementation of the Juvenile Criminal Justice System (SPPA) based on court rulings. Behind the research is concern about the increasing number of children involved in terrorist networks in Indonesia. Some of them have been sentenced to prison for terrorism plots. The implementation of the SPPA Act and the PA Act has become a reference for law enforcement in addition to counter-terrorism legislation. The crime of terrorism is a crime that must be addressed immediately because it threatens the state, but the state remains obliged to ensure the fulfillment of the right to child protection during the judicial process with special protection. With the involvement of a child that is in relevance to the child protection act, it is a complex matter that needs to be resolved with a special analysis of law, due to its nature. This study examines court rulings with normative juridical methods to get significantly achieved results. In addition, this study also adds secondary resources such as article journals, books, reports, and any source that has relevance to the study. The results of the study found that the special protection of children in the Crime of Terrorism has not been met, by not considering the child as a victim, because of the actions he did the influence of persuasion as revealed in court. In addition, law enforcement does not seek diversion as mandated in the SPPA. To conclude the court's decision does not consider the regulations on PA and has not fully implemented the SPPA. KEYWORDS: Legislation on Terrorism, Children's Rights, Law Enforcement, Juvenile Justice.]]>
<![CDATA[Kriminalisasi dalam Tindak Pidana terhadap Penetapan Hasil Pemilihan Umum ]]>
<![CDATA[Dwiki Oktobrian]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol 2 No 1 (2022): January-June 2022 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v2i1.26674
<![CDATA[ABSTRACT: The stages of determining election results have important characteristics; because it determines the party who wins the election and, at the same time, proves the legality and legitimacy of holding the election. Nevertheless, there are various problems regarding the formulation of policies in criminal acts related to the determination of election results. This research on the formulation of criminal acts associated with election results is normative research with a statutory approach, a conceptual approach, and a comparative approach. This legal research aims to discuss the formulation of the crime of 'late setting election results' and 'not determining election results; while at the same time reviewing future projections by formulating an ideal formulation regarding the formulation of the criminal act of determining election results. The results of the study state that the formulation of criminalization policies in illegal acts related to the determination of election results is regulated to meet various legal problems, including the dimensions of action, the dimensions of criminal responsibility, and the dimensions of criminal sanctions. Then, by taking references from Canada and Kenya, the projections of the formulation are prepared by specifying two objects of action, namely the act of not determining the election results and the act of being late in determining the election results as a crime. Completing the formulation was followed by a complete determination of the subject of a criminal offense accompanied by intentional errors and the formulation of flexibility-based sanctions oriented to avoiding sentencing disparities. KEYWORDS: Criminalization, Criminal Act, Determination of General Election Result]]>
<![CDATA[Keberadaan Dewan Pengawas Komisi Pemberantasan Korupsi Pasca Revisi UU KPK ]]>
<![CDATA[Muhammad Syahrum]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol 2 No 1 (2022): January-June 2022 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v2i1.27842
<![CDATA[ABSTRACT: Post-Suharto era has encouraged Indonesia to give birth to various new institutions, including the existence of the Corruption Eradication Commission (KPK). Over time, various elements that support the improvement of the performance of the KPK are formed through new norms contained in laws and regulations, including the existence of the KPK Supervisory Board (Dewas KPK). This study aims to examine and analyze the duties, authorities, and urgency of the KPK Council; while at the same time examining the potential of the KPK Council as an 'inhibitory' factor in eradicating corruption. This legal research uses a conceptual approach and legislation based on primary legal materials and secondary legal materials. The results of the study stated that although the existence of the KPK Council has the same duties as the judiciary, it actually encounters problems; because, the existing provisions give rise to inconsistencies regarding the position of the KPK Council. On the other hand, the urgency of the establishment of the KPK Council is one of the efforts to strengthen the supervision aspect of the KPK's performance in order to be able to avoid various risks of abuse of power. Furthermore, there are three factors that have the potential to become "inhibitory" factors in eradicating corruption after the existence of the KPK Council, including the obligation to wait for permits regarding the conduct of wiretapping, searches and confiscations; there is potential vulnerability to political intervention; the potential for slack in the performance of the KPK itself. KEYWORDS: Corruption Eradication Commission, Supervisory Board, Law Number 19 of 2019.]]>
<![CDATA[Rejuvenasi Peraturan Pengelolaan Prekursor: Ratio Legis dan Efektivitas ]]>
<![CDATA[Tahegga Primananda Alfath]]>;
<![CDATA[Kristy Anita]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol 2 No 1 (2022): January-June 2022 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v2i1.27823
<![CDATA[This legal research aims to examine the legal aspect ratio of legal instruments relating to pharmaceutical precursors as they relate to rejuvenation efforts; while at the same time reviewing based on the perspective of legal effectiveness on the regulation of pharmaceutical precursors. The results of this study state that the ratio of precursors to legislative regulation can be seen from three approaches, namely philosophical, juridical, and sociological. On the philosophical aspect, the 1945 Constitution provides an obligation to the government to provide welfare for matters related to health, the use of pharmaceutical precursors by the public. Then, from a juridical aspect, there are various legal products related to the management and utilization of pharmaceutical precursors; as the legal instruments are interrelated with each other. Sociologically, the illegal production and use of psychotropic substances through precursors will disrupt the economy, security and public health. However, the regulation on precursors has not been implemented in terms of structure, substance, effectiveness or culture; Thus, there are still many deviations in the management of precursors in the community. KEYWORDS: Rejuvenation, Pharmaceutical Precursors, Law Effectiveness]]>
<![CDATA[Kewenangan Inheren Mahkamah Konstitusi terhadap Perkara Pengaduan Konstitutional dengan Objek Putusan Pengadilan ]]>
<![CDATA[Bagas Christofel Aruan]]>;
<![CDATA[Umbu Rauta]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol 2 No 1 (2022): January-June 2022 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v2i1.27828
<![CDATA[The authority of the Constitutional Court is often limited only to the judicial review of statutory products, not practice. The method used for this research is normative legal research using a conceptual approach, legislation, and comparisons. This legal research aims to examine the implementation of constitutional complaint schemes in various countries while reviewing the inherent authority of the Constitutional Court in reviewing constitutional complaint cases with the object of court decisions. The results show that the Constitutional Court of the Republic of Korea has many similarities with the Constitutional Court of the Republic of Indonesia; at the same time, the German Constitutional Court gives rights to individuals, communions, and associations to file a constitutional complaint and the United States Supreme Court establishes several criteria for legal standing for parties who make constitutional complaints. Then, the Constitutional Court has the authority to decide on constitutional objections, including court decisions, considering the court's decision is analogous to the law itself. Furthermore, based on constitutionalism, the constitutional complaint is the inherent authority of the Constitutional Court. KEYWORDS: Constitutional Court, Constitutional Complaint, Court Rulings, Inherent Power.]]>
<![CDATA[The Regulatory Reform of Advocate Organizations in Proposing Oath of Prospective Advocates in Indonesia ]]>
<![CDATA[Nur Solikin]]>;
<![CDATA[Anis Rohmatullah]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol 2 No 2 (2022): July-December 2022 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v2i2.23400
<![CDATA[Following the enactment of Advocate Law 18/2003, Indonesian Bar Association must commence a proposal for the advocate's oath before the High Court. As per the rules, the oath should be submitted by a single bar, whereas there has been more than one advocate association in Indonesia. Each association has claimed to be a legitimate "Indonesian Bar Association" in administrating lawyers. In short, while the law demands a single bar system, the reality asserts a multi-bar. This study aimed to portray the entanglement of the dynamics of legal politics during the drafting process of the Advocate Law and, at the same time to analyze the development of the Indonesian Bar Association. This study used the normative juridical legal approach to examine law and other relevant materials. This study showed that the bar organization in Indonesia has long historical roots that can be traced back to the Dutch East Indies era in which Indonesia, in the post-independence period, adopted the Dutch's single bar system. However, a unified single bar system has been hard to achieve and still out of sight. With the growing number of bars in Indonesia, the Supreme Court then recently enacted the Supreme Court Letter 2015, which permitted the whole bars to submit the oath. In conclusion, the Supreme Court Letter 2015 does not only recognize the advocate associations but also marks a legal paradigm shift from single to multi-bar. To end such legal uncertainty, this study suggested that Advocate Law should be amended to accommodate a multi-bar system.]]>
<![CDATA[Fake News in the Time of COVID-19 in Indonesia: Criminal Law Issues ]]>
<![CDATA[Windisen Windisen]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol 2 No 2 (2022): July-December 2022 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v2i2.31184
<![CDATA[The rise of the world wide web has its janus face. While it is no longer possible to live without it, the internet also causes social issues. One will be examined here is how law can cope with the acceleration amount of fake news. The spread of fake news via the Internet in Indonesia during the COVID-19 pandemic has increasingly resulted in criminalization. One enforcement policy is based on Article 28(1) of Electronic Information and Technology Law 11/2008. The article focused on measuring fake news in light of economic loss, which to some degree, also affected fair business competition. This study was conducted based on two primary considerations. First, the nature of criminal law should be used as the last resort (ultimum remedium) in tackling social issues. Second, and still related to the previous, the damage control of the spread of fake news. In that regard, a doctrinal legal approach was deployed to analyze the formulation and implementation of Article 28(1) of the 11/2008 Law in tackling the fake news phenomenon. This study found that there are ambiguities in interpretation, which affect the law's implementation. To cope with such a problem, the government consists of the Ministry of Communication and Information Technology, Chief of Public Prosecutor, and Chief of State Police enact Joint Decree to provide the guidelines on the application of Article 28(1); the policy should be considered as temporary instead of a permanent solution. This study suggested that in the long run, there is a need to amend Article 28(1).]]>
<![CDATA[Bajo Tribal Marine Customary Rights Supervision: A Reform with Archipelagic Characteristics ]]>
<![CDATA[Dicky Eko Prasetio]]>;
<![CDATA[Irfa Ronaboyd]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol 2 No 2 (2022): July-December 2022 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v2i2.25255
<![CDATA[There are provinces in Indonesia considered “archipelagic” and “non-archipelagic.” One criterion is to determine whether a province has an ocean wider than the land, with the so-called matter of geography. The issue raised here is a condition where an archipelagic custom exists in a non-archipelagic province. Such a gap between geographical concern and customary characteristics brings at least two consequences. First, a non-archipelagic province has been set out in the international customary law of the sea, including the 1982 UNCLOS on Traditional Fisheries Rights and the law on the Management of Coastal Islands and Small Islands. Second is the problem of recognizing a unique coastal-oceanic socio-culture in that province. This study was motivated to bridge the two, i.e., the legal and socio-cultural case of the Bajo Tribe in Gorontalo Province. Bajo is a tribe with an archipelagic socio-cultural tradition, while Gorontalo is categorized as a non-archipelagic province. So far, there is no clear legal framework on how the national and international laws captured the existing tradition, custom, and wisdom, as shown in Bajo’s. In this regard, a normative legal method was used by collecting and analyzing how national and international instruments answered the call from the Bajo Community. This study found that, at the core, the main issue was the gap of recognition between geography and socio-cultural perspectives in policy-making. This study also found that the Bajo has experienced a limbo due to the no clear policy on how the existence of their community is accommodated. Finally, this research suggested that an archipelagic tradition such as Bajo’s should be recognized in the non-archipelagic province’s policy to construct a bridge connecting geography and socio-cultural tradition.]]>
<![CDATA[The Pathway of Adopting Omnibus Law in Indonesia's Legislation: Challenges and Opportunities in Legal Reform ]]>
<![CDATA[Sulistina Sulistina]]>;
<![CDATA[Bayu Dwi Anggono]]>;
<![CDATA[Al Khanif]]>;
<![CDATA[Tran Ngoc Dinh]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol 2 No 2 (2022): July-December 2022 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v2i2.31524
<![CDATA[The omnibus law model has become a new method of legislative drafting in Indonesia, first applied to the Job Creation Law and later enacted as Law 11/2020. While there were no implicit guidelines in Legislative Drafting Law 12/2011, this adoption was imported from several countries like the United States and Ireland to simplify regulations before the method was subsequently formalized and included in Legislative Drafting Law 13/2022. This paper explored the pathway and dynamics of the omnibus law adoption in Indonesia's law-making procedure and analyzed its further impacts on whether such a method has fruitfully improved the quality of the enacted regulation in establishing a more friendly investment policy. Through doctrinal method, this study showed that the opportunity to apply the omnibus model in Indonesia depends on the effectiveness, success, and benefits of respective regulations. In contrast, the application of the omnibus law model should respect democratic principles and avoid public harm. As shown in three different countries, i.e., Indonesia, the United States, and Canada, public concerns on lack of participation should be taken seriously to hinder undemocratic ends through "democratic" means. Alternatively, accountability of the drafting process should be considered a priority. In summary, the increasing trend of adopting the omnibus model should be first adopted and promulgated through legislative products whose promulgation must be with a formidable law-making procedure.]]>
