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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 8 Documents
 1 
Search results for , issue "Vol 28 No 3 (2024): December Edition" : 8 Documents clear
Norm Clash in Lex Superior Derogate Legi Inferiori Principle's Implementation on Circular Letters and Laws Wijayanti, Sri; Sari, Zeti Nofita; Salam, Safrin; Firdaus, Arif Ananda
Reformasi Hukum Vol 28 No 3 (2024): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i3.732

Abstract

A circular letter is a legal product classified as a beleidregel issued by specific institution, which is general and serves to support certain policies without contradicting the law. This research discusses two important aspects related to: the implication of the principle of lex superior derogat legi inferiori and the conflict of norms between Circular Letters and the Law. This study aims to analyze how the principle is applied in enacting Circular Letters and its impact on the hierarchy of laws and regulations in Indonesia. The research method used is a normative study with a legislative approach and case analysis. The results show that Circular Letters often ignore the principle of lex superior derogat legi inferiori by overriding regulations that have a higher position, which causes norm clashes. This creates legal uncertainty and harms public trust in the legal system. As a legal product, circular letters should comply with the freies ermessen principle to provide flexibility, but still within the corridors of applicable law. In conclusion, stricter supervision is needed to prepare Circular Letters to ensure compliance with the regulatory hierarchy. The recommendation is to strengthen the testing mechanism and understanding of legal principles in drafting Circular Letters to maintain the integrity of the legal system.
Legal Reconstruction of Error in Persona Cases: Justice Enforcement Challenges Based on Due Process of Law Principle Haniyah, Haniyah
Reformasi Hukum Vol 28 No 3 (2024): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i3.1039

Abstract

The case of misidentification of the perpetrators of the murder that occurred in Cirebon in 2016 involving Pegi Setiawan as a suspect reveals challenges in the investigation process and the enforcement of justice in Indonesia. This research aims to reconstruct the law regarding the phenomenon of error in persona and analyze the process of examining criminal cases related to wrongful arrest. The research method used is a normative approach with a statue approach,  a conceptual approach, and a case approach. This research involves the investigation process and case study of the murder of Vina Cirebon. The study results show that, in this case, law enforcement officials were unprofessional in identifying the perpetrator, which led to the wrong determination of the suspect. In addition, investigation procedures not by the law's provisions lead to human rights violations. These findings also show that law enforcement officials must pay more attention to the correct procedures to avoid harming innocent individuals. In conclusion, improvements in investigative mechanisms, forensic technology, and increased education and training for law enforcement are needed to prevent misidentification and fair law enforcement.
Sharia Legal Framework: A Comparative Analysis of Religious Courts in Brunei Darussalam and Indonesia Lagus, Wegestin; Asasriwarni; Zulfan, Zulfan
Reformasi Hukum Vol 28 No 3 (2024): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i3.1073

Abstract

The application of sharia law in the religious justice system has significant variations between countries, including Brunei Darussalam and Indonesia. The main issue raised in this article is how the two Muslim-majority countries implement different legal systems, both in the legal structure, the role of religious leaders, and the scope of the application of sharia law. This article aims to analyze a comparative comparison of the legal and religious justice systems in Brunei, Darussalam, and Indonesia and their implementation practices. This study uses a qualitative and comparative descriptive approach to analyze legal regulations and their implementation in both countries. The results show that Brunei implements a dual legal system separating civil and Sharia law, emphasising stricter Sharia criminal law, including hudud and qisas. In contrast, Indonesia applies sharia law limited to family law with religious justice integrated into the national justice system. This difference is influenced by the role of the Sultan in Brunei as the leader of religion and state. At the same time, in Indonesia, there is a separation of power between the executive, legislative, and judicial. This study recommends that Brunei needs to strengthen human rights protection in the application of sharia law. At the same time, Indonesia is advised to improve coordination between religious courts and general courts for more equitable justice.
Legal Implications of Mining Corporate Social Responsibility Implementation in East Kalimantan Local Community Empowerment Saputri, Novia Ardana; Yulianingrum, Aullia Vivi; Prasetyo, Bayu
Reformasi Hukum Vol 28 No 3 (2024): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i3.1079

Abstract

A form of responsibility that can be taken to reduce the impact of the mining business is implementing a Corporate Social Responsibility (CSR) program. This study aims to analyze the legal implications of implementing the social responsibility of mining companies in empowering local communities in East Kalimantan. The research method used is normative juridical, implementing the Limited Liability Company Law, which regulates CSR using a historical and comparative approach. The results show that CSR is a program that must be implemented by companies operating in the field and/or related to natural resources under the Law concerning Limited Liability Companies. CSR programs to empower local communities must be implemented under applicable principles, namely sustainability, accountability, and transparency. In conclusion, based on the findings, the implementation of this program has been carried out properly in accordance with the applicable principles and regulations by several mining companies in East Kalimantan. The East Kalimantan Provincial Government has implemented a Clean and Clear program for mining companies that do not implement CSR.
Legal Protection of Refugee Children Viewed from the United Nations High Commissioner for Refugees : (Case Study of Human Rights of Children in Palestine) Wendra, Muhammad; Andri Sutrisno
Reformasi Hukum Vol 28 No 3 (2024): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i3.1080

Abstract

Refugees, especially refugee children, are a group of people who are particularly vulnerable to human rights violations. Children, who lack the problem-solving skills of adults, are often victims of violence and exploitation due to conflict, war and political issues. Especially refugee children will only become inhumane victims. This research aims to examine the importance of legal protection and fulfillment of human rights for refugee children so that their rights can be protected from various forms of crimes against humanity. This research uses the Normative Juridical research method by analyzing international regulations (protocols) applied by UNHCR in protecting refugee children. The results of this study indicate that legal protection and fulfillment of human rights for refugee children is a priority scale that will support their survival. So that the legal protection and fulfillment of human rights for refugee children is an effort to reduce the risk of refugees to crimes that make it easier for them to take part in it or even become victims of a crime. The recommendation of this research is the need for increased international cooperation to protect the rights of refugee children more effectively.
The Effect of Marriage Age Limit Changes on Marriage Dispensation Granting by the Limboto Religious Court: Study of the Republic of Indonesia Constitutional Court Decision No. 22/PUU-XV/2017 Karim, Fibriyanti
Reformasi Hukum Vol 28 No 3 (2024): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i3.1081

Abstract

Changes to the marriage age limit stipulated in the Marriage Law are an important policy expected to overcome early marriage and protect children's rights. This study aims to analyze the application of marriage dispensation in the Limboto Religious Court after the amendment of the Marriage Law and evaluate the impact of the Constitutional Court Decision No. 22/PUU-XV/2017 on the number of marriage dispensation applications. The method used is normative legal research with a case and law approach and interviews with Limboto Religious Court judges. The study results show that although the purpose of changing the marriage age limit is to reduce early marriage and protect children's rights, there has been an increase in marriage dispensation applications at the Limboto Religious Court. Social, economic, and cultural factors are the main causes of many marriage dispensation cases. In conclusion, although this policy has positive aims, its implementation has not been effective in reducing the number of child marriages. Therefore, this policy needs to be further evaluated, emphasizing a more comprehensive approach, such as community education, strengthening the capacity of judges, and providing social support.
Evaluation of the Implementation of Pancasila Values and Human Rights Enforcement in Indonesian Judicial System Through Constitutional Approach Saragih, Geofani Milthree; Ishwara, Ade Sathya Sanathana; Putra, Rengga Kusuma
Reformasi Hukum Vol 28 No 3 (2024): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i3.1082

Abstract

This study evaluates the application of Pancasila values and the enforcement of human rights in Indonesia's judicial system through a constitutional approach. Using normative legal research methods, the approach taken includes analysis of legislation, conceptual studies, as well as case studies of a number of relevant Constitutional Court decisions. The results show that the values of Pancasila, particularly the second and fifth precepts, play a fundamental role as the philosophical basis in the application and interpretation of human rights principles in Indonesia. The Constitutional Court has a strategic role in safeguarding the constitution while ensuring the enforcement of human rights through progressive legal interpretation. However, despite these positive steps, challenges such as inconsistencies in lower court decisions and mismatches between the rule of law and the needs of society remain. This research recommends strengthening Pancasila-based legal education, harmonizing legal policies, and increasing the capacity of judges in integrating human rights with social justice principles holistically. The findings confirm that the judicial system, with a strong constitutional approach, can be an effective tool in realizing social justice in accordance with the values of Pancasila and the constitution.
Legal Dilemma in Navigable River Water Pollution: Consequences of Garbage and Baby Diaper Disposal Qoilun, Nur; Wulandari, Deby Ayu
Reformasi Hukum Vol 28 No 3 (2024): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i3.1090

Abstract

The pollution of shipping river water due to the disposal of garbage and baby diapers in Tawangsari Village, Sidoarjo Regency, has created a legal dilemma regarding the implementation of existing regulations. Although there are various national and regional regulations regarding waste management, their implementation in the field is still very limited. The research method used is normative juridical law with an empirical approach supported by accidental sampling techniques on eleven residents of Tawangsari Village. The results showed that, many people still do not comply with their obligations and responsibilities in waste management. In addition, weak law enforcement and the lack of waste management facilities at the village level exacerbate the condition. Legal dilemmas arise due to the mismatch between the existence of regulations and the reality on the ground, as well as the inability to balance the provision of appropriate sanctions with community capacity building. This shows that the legal responsibility of both the government and the community has not been maximized. In conclusion, strengthening law enforcement, increasing public awareness, and developing better waste management infrastructure are needed to overcome this legal dilemma. The recommendations of this research are to tighten supervision, provide strict sanctions, and increase education about waste management to the community.

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