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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 46 Documents
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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.
Building Deliberative Democracy In Indonesia: Democracy Future and The Future of Democracy Antony; Citra Dewi, Maharani; Elvin Louis, John
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June 2025
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53689

Abstract

This research aims to analyse the development of democracy in Indonesia and explore the potential of applying the deliberative democracy model as an alternative to strengthening the quality of future democracy. Indonesian democracy has experienced fluctuations since independence, ranging from parliamentary democracy and guided democracy to Pancasila democracy and reform democracy. Although Indonesia is now recognised as the largest democratic country in Southeast Asia, the quality of substantive democracy still faces various challenges, such as political oligarchy, low meaningful citizen participation, and procedural democracy practices that lack public dialogue. This research employs normative legal research methods with a statutory, historical, and conceptual approach. It utilises secondary legal sources, comprising primary, secondary, and tertiary legal materials, which are analysed qualitatively and deductively. The results indicate that deliberative democracy, which emphasises rational discourse, inclusive participation, and argument-based collective decision-making, can serve as a middle ground between rigid procedural democracy and ideal substantive democracy. The implementation of deliberative democracy in Indonesia requires institutional reform, the strengthening of citizen capacity, and the opening of deliberative spaces in both digital and institutional realms. This research recommends a paradigm shift in democracy towards a more participatory, reflective, and equitable direction as the foundation of future democracy.
Reconstructing Population Law for ‎Transsexual Status Change Based on ‎Humanitarian Values Darojat, Tawakal Akbar; Nizam, Sadida; Nizam, Nabil
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June 2025
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53691

Abstract

Gender change regulations in Indonesia present complex legal and social challenges that require thorough examination to ensure protection and recognition of individual rights. This study aims to describe and analyse the ratio legis of the legal provisions regarding gender change from the perspective of Indonesian legislation, as well as to identify and analyse the relevance of these provisions to Werner Menski’s legal pluralism triangle concept. The research employs normative legal methods using statutory, philosophical, and conceptual approaches. Data collection is conducted through literature studies on laws and regulations, legal literature, and court decisions related to gender change. The results indicate that the ratio legis of gender change provisions reflects the state’s effort to protect and recognise the personal and legal status of every citizen. However, these provisions have not yet shown strong relevance to Werner Menski’s legal pluralism triangle concept, particularly regarding the legal protection of transgender individuals whose petitions for gender status changes have been rejected by the courts. The conclusion emphasises the need to adjust national legal norms to better respond to the complex moral, social, and cultural issues arising in a globalised society.  
Greenwashing as a Crime and the Urgency of Redesigning Environmental Criminal Law Paradigm Fernando, Zico Junius; Sary, Wevy Efticha; Wali, Ahmad; Anditya, Ariesta Wibisono
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June 2025
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53692

Abstract

Greenwashing, a deceptive practice wherein corporations falsely present their products, services, or policies as environmentally friendly, has emerged as a serious threat to environmental protection and consumer trust in the era of sustainable development. This paper argues that greenwashing should be recognised not merely as an ethical or regulatory violation but as a criminal offence within the framework of environmental criminal law. Through a normative-juridical approach combined with a comparative analysis of legal frameworks in various jurisdictions, this study explores the limitations of current civil and administrative sanctions in deterring greenwashing practices. The analysis reveals that the absence of criminal liability has allowed corporations to manipulate sustainability narratives without facing substantial legal consequences. By examining the socio-legal harms of greenwashing, including environmental degradation, market distortion, and erosion of public confidence, this paper advocates for a paradigm shift in environmental law enforcement. It proposes the integration of greenwashing as a distinct criminal act under environmental law, emphasising principles such as strict liability, corporate criminal responsibility, and the need for restorative justice mechanisms. The study concludes with policy recommendations for legal reform that align with the principles of ecological justice and sustainable governance, reinforcing the urgency to criminalise greenwashing as part of a broader effort to protect both the environment and the rights of consumers.
The Chilling Effect of International Investment Law and Indonesia’s Preventive Steps to Overcome It Simbolon, Putu George Matthew; Oktavani Yenny
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June 2025
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53694

Abstract

This research is necessary due to the chilling effect brought about by the IIL and the provision under Article 32 of the Indonesian Capital Investment Law, which potentially brings adverse effects to the Government of Indonesia. Such adverse effects can manifest as substantial compensation claims and policy adjustments contrary to national interests. Unlike previous research concerning Indonesia prior to the IIL regime, the distinctive feature of this study is the implementation of the exhaustion of local remedies doctrine based on IIL doctrines, past ICSID cases, and dispute settlement procedures under BITs. This research comprises four discussions outlined below. The first discussion outlines prior research concerning Indonesia before the IIL regime, along with the novelty discussion. Meanwhile, the second discussion explains the adverse effects of ISDS and SSID on Indonesia's sovereignty and its diplomatic relations with other ICSID Convention members. The third discussion emphasises that Indonesia should not perceive the IIL as an isolated regime, allowing it to utilise this legal framework to prevent disputes through international arbitration and adopt objective investment measures. Lastly, the fourth discussion describes how Indonesian local courts should be employed to resolve foreign investment disputes. The expected contribution of this research is to enrich the literature concerning IIL from an Indonesian law perspective. Furthermore, this research is crucial to serve as guidance for Indonesian lawmakers when amending Article 32 of the Capital Investment Law.
Revocation of Land Gifts for Breach of Filial Responsibility: A Comparative Study of Indonesia and India Sharon, Grace; Mohamad, Ani Munirah; Nugraha, Xavier; Wibisono, Jeniffer Avrillya; Prihandono, Yoga
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June 2025
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53695

Abstract

The transfer of land rights through gifts within familial relationships often entails obligations of filial responsibility, particularly the duty of children to care for their elderly parents. As the increasing disputes over property transfers within familial relationships, this study addresses the legal grounds and consequences of revoking land gift agreements in Indonesia and India when recipients fail to fulfil their filial obligations. So the urgency of the results of this research can help to renew civil law in Indonesia, in particular, and add to the literature as a more general research concept. This article is a normative legal research methodology with statutory, conceptual, and comparative approaches. The findings reveal a doctrinal divergence: Indonesian law mandates explicit conditions within the gift deed to allow revocation based on filial neglect, emphasising a textual interpretation under Article 1688 of the Indonesian Civil Code. Conversely, Indian law, notably through Article 23 of the Welfare of Parents and Senior Citizens Act, recognises both explicit and implicit filial duties as valid grounds for annulment, facilitating broader judicial protection for elderly donors. The study highlights the restrictive scope of Indonesian legal enforcement compared to the more flexible, purposive judicial approach in India, which prioritises substantive justice and familial welfare. These insights suggest that Indonesian legal reforms could benefit from adopting similar flexibility to strengthen safeguards for elderly parents, mitigate intra-family conflicts, and ensure equitable intergenerational property transfers, because the similarity between Indonesia and India is the application of a legal system influenced by customary law.

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