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Mimin Mintarsih
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Fakultas Hukum Universitas Islam Jakarta, Jl. Balai Rakyat No.37, RT.8/RW.10, Utan Kayu Utara, Kec. Matraman, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13120
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INDONESIA
Reformasi Hukum
Published by Universitas Islam Jakarta
ISSN : 16939336     EISSN : 26861593     DOI : https://doi.org/10.46257/jrh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in, such as : Civil Law, Criminal Law, Civil Procedural Law, Criminal Procedure Law, Commercial Law, Constitutional Law, International Law, State Administrative Law, Adat Law, Islamic Law, Agrarian Law, and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 28 No 2 (2024): August Edition" : 6 Documents clear
Systematic Construction of Criminal Policy in the Defense Industry Law Partially Amended by the Job Creation Law Akhyar, Wira Iqomudin; Deksino, G. Royke; Jupriyanto, Jupriyanto
Reformasi Hukum Vol 28 No 2 (2024): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i2.1030

Abstract

Criminal law issues strengthen the commonly used administrative law policies. However, the systematic construction of criminal provisions in a law has the potential to "disturb" the implementation process. This article analyzes the systematic construction of criminal provisions in Law No. 16 of 2012 concerning the Defense Industry, partially amended by Law No. 6 of 2023 concerning Job Creation. Qualitative research methods describe legal issues regarding criminal provisions using a normative juridical approach. The results found were that the systematic construction of the criminal provisions in a quo law was separate between the prohibition chapter and the formulation of the criminal offense. The addition of certain legal subjects has the juridical consequence of adding criminal articles to the Job Creation Law. The suggestion proposed is consistency in the formulation of the main article with the prohibition chapter.
Legal Implications of Coercive Success Fee Demands by Attorneys Promising Victory Before Case Resolution Pramudita, Laurentius Ervin Ricky; Sari, Retno Dewi Pulung
Reformasi Hukum Vol 28 No 2 (2024): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i2.1032

Abstract

The practice of coercively demanding a success fee by lawyers who promise victory to clients before a case is resolved raises serious legal and ethical concerns. This study aims to examine the legal implications of such actions and their relation to violations of the Code of Ethics for Advocates. The research employs a normative legal method with a qualitative juridical approach, using library research on primary and secondary legal materials. The findings indicate a shift in values within the legal profession from a socially driven service to a profit-oriented practice which reflects a degradation of lawyers' social responsibility in providing non-commercial legal assistance. A success fee is, in principle, a legitimate additional compensation if agreed upon professionally and paid after the case has concluded. However, promising a favorable outcome before resolution and using it as a means to demand payment constitutes a breach of ethical standards. The study concludes that lawyers who guarantee case outcomes and coercively demand success fees are in serious violation of professional ethics and may be subject to both ethical and legal sanctions. It is recommended that the advocate professional bodies reinforce ethical supervision mechanisms and provide continuous legal ethics training to prevent such practices.
Optimizing the Functions of the Village Consultative Body in the Realization of Democracy in Motabang Village : (Study of Bolaang Mongondow Regency Regional Regulation No. 6 of 2018 on Village Consultative Body) Djenaan, Fildzah Muzdalifah; Kasim, Nur Mohamad; Sarson, Mohamad Taufiq Zulfikar
Reformasi Hukum Vol 28 No 2 (2024): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i2.1055

Abstract

This research examines how local regulations regulate the functions of the Village Consultative Body (BPD) and whether these rules have been implemented properly. The research method used is empirical-sociological juridical with a statutory and conceptual approach. This research not only focuses on the applicable legal rules, but also looks at how the law is implemented and affects social life through field data collection. The results showed that BPD has a legislative function in discussing and agreeing on village regulations with the Sangadi (village head), accommodating and channeling community aspirations, and overseeing the performance of the Sangadi. The results showed that implementing the BPD function in Motabang Village was not optimal. The BPD tends to carry out its duties as a formality, especially in discussing village regulations and supervising the performance of the Sangadi. The inhibiting factors include the BPD members' low understanding of regulations, lack of community participation, and conflicts of personal interest. To improve the effectiveness of BPD performance, it is necessary to increase the capacity of members through training, increase community participation, and strengthen independence in carrying out supervisory functions.
Protection of Economic Rights Through Royalty Optimization on Film Content in Digital Platforms Kalbu, Gabrielle Bening; Ramli, Ahmad M.; Ramli, Tasya Safiranita
Reformasi Hukum Vol 28 No 2 (2024): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i2.1064

Abstract

The emergence of digital platforms based on video-on-demand (VoD) has transformed the distribution and marketing of films from conventional methods to more efficient digital systems that reach wider audiences. However, this transition also presents new challenges, particularly in protecting copyright and related rights, especially regarding the distribution of royalties as part of the creator’s economic rights. This study aims to examine the current legal framework and the urgency of establishing a fair royalty distribution system in the digital film industry. Using a normative juridical method with a descriptive-analytical approach, the study analyzes relevant primary legal sources. The findings show that there is no standardized mechanism for royalty distribution among copyright holders and related rights owners, particularly for works distributed via digital platforms. Royalty agreements are often based on private contracts that vary significantly and lack legal oversight, leaving creators vulnerable to exploitation. The study concludes that a comprehensive and adaptive legal framework is urgently needed. It is recommended that the government and industry stakeholders develop clear, transparent, and equitable digital-based royalty distribution regulations to ensure fair compensation for all rights holders.
Government Policy in Ensuring Accessibility and Legal Protection of Health Rights for Persons with Disabilities Dumako, Ananda Rayhan; Trisista, Ratna Galuh Manika
Reformasi Hukum Vol 28 No 2 (2024): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i2.1070

Abstract

People with disabilities often face major challenges in accessing equal health services, which are influenced by existing government policies. This research aims to analyze the policies adopted by several countries in realizing equal access to health for persons with disabilities, with a focus on the implementation of the Convention on the Rights of Persons with Disabilities (CPRD). The research method used is normative legal research method, with a statute approach and comparative approach. This approach is applied to examine government policies in Indonesia and several countries related to the fulfillment of health rights for persons with disabilities. The results show that although many countries have ratified the CPRD, the implementation of policies related to health accessibility still faces various challenges, including limited infrastructure, discrimination, and lack of training of medical personnel. In Indonesia, despite the existence of regulations such as Law No. 8/2016, the main challenges lie in public awareness and policy implementation on the ground. In conclusion, further efforts are needed to strengthen inclusive health policies, improve physical accessibility and training of medical personnel, and increase public awareness to ensure people with disabilities receive equal and discrimination-free health services.
Implications of Nominee Agreements in Land Ownership by Foreign Nationals in Bali: Case Study of Nominee Agreement in Decision No. 274/Pdt.G/2020/PN Dps Ridhogusti, Rinaldi; Kurniati, Grasia
Reformasi Hukum Vol 28 No 2 (2024): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i2.1024

Abstract

The nominee agreement is often used to circumvent the prohibition on land ownership by Foreign Nationals (WNA), where the land is officially registered under the name of an Indonesian Citizen (WNI) but controlled by a WNA. This practice raises legal and social issues, particularly in Bali. This study aims to analyze the legal and social implications of the nominee agreement in land ownership by WNA, with a focus on Decision No. 274/Pdt.G/2020/PN Dps. This study uses a normative juridical method, with a case approach and legal literature analysis to examine the legality and impacts of the nominee agreement practice. The study finds that the nominee agreement violates the Basic Agrarian Law No. 5 of 1960 and Article 1320 of the Civil Code regarding the requirements for valid agreements. The court's ruling to annul all nominee agreements demonstrates a commitment to enforcing agrarian law and preventing illegal practices. Stricter law enforcement, strengthened regulations, enhanced supervision, and comprehensive legal education are needed to address nominee agreements and ensure that land ownership is managed fairly and sustainably by Indonesian citizens (WNI).  

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