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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 9 Documents
 1 
Search results for , issue "Vol 29 No 1 (2025): April Edition" : 9 Documents clear
The Transformation of Indonesia's Criminal Law System: Comprehensive Comparison between the Old and New Penal Codes Nugraha, Roby Satya; Rohaedi, Edi; Kusnadi, Nandang; Abid, Abid
Reformasi Hukum Vol 29 No 1 (2025): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i1.1169

Abstract

The old Indonesian Penal Code (KUHP), inherited from the Dutch Penal Code (Wetboek van Strafrecht), is considered no longer relevant to the values of justice and the needs of contemporary Indonesian society. This study aims to compare the criminal law system and the criminal justice system under the new Penal Code, as well as to conduct an in-depth analysis of the fundamental legal principles embedded in both the old and new KUHP. The research employs a normative juridical method with comparative legal approach, analyzing the legal norms within both codes to identify substantial changes. The result indicate that the new KUHP reflects a paradigm shift from a repressive legal system to a more humanistic and restorative model, emphasizing human rights protection, gender-based justice, and the recognition of modern crimes such as sexual violence and organized crime. It also introduces alternative sanctions, including community service and rehabilitation, as efforts to support social reintegration. In conclusion, the new KUHP is not merely a replacement of the old KUHP but a progressive step toward a more inclusive and contextually appropriate criminal law system. Comprehensive implementing regulations and ongoing evaluation are essential to ensure its effective application and real impact on society.
Nusantara Capital City Development: From Agrarian Conflict Potential to Legal Protection of Indigenous Peoples Putra, Naufal Dekananda Anggara; Anggraeni, Happy Yulia; Ridwan, Ahmad M.; Jamaludin, Ahmad
Reformasi Hukum Vol 29 No 1 (2025): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i1.1067

Abstract

Developing Indonesia’s new capital city, Nusantara (IKN) in East Kalimantan, has the potential to significantly impact indigenous communities, particularly in agrarian conflicts arising from expanding development land that intersects with indigenous territories. This study aims to analyze the potential agrarian conflicts and adequate legal protections for indigenous peoples in addressing these impacts. The method is normative juridical, with data collected through library research on relevant regulations, literature, and studies. The findings show that agrarian conflicts resulting from the IKN development may arise due to the mismatch between the legal recognition of Indigenous land rights and the allocation of development land that does not actively involve Indigenous communities. Legal protection for indigenous peoples can be achieved by recognizing land rights, strengthening agrarian regulations that are more responsive to indigenous rights, and implementing the Free, Prior, and Informed Consent (FPIC) principle in the planning and management of IKN development. The conclusion of this study emphasizes the importance of recognizing indigenous land rights and involving them in every stage of development to prevent agrarian conflicts and create more equitable development policies.
Administrative Court as Bureaucratic Reform Catalyst through Administrative Law Enforcement Deseano, Aurick Adien; Putra, Najwa Hanif Artfian Arrasyid Aulia; Gusthomi, Moh. Imam
Reformasi Hukum Vol 29 No 1 (2025): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i1.1075

Abstract

The State Administrative Court (PTUN) in Indonesia plays a vital role not only in supervising the legality of government actions but also in promoting bureaucratic reform. This study aims to comprehensively analyze the role of PTUN as a catalyst for bureaucratic reform, the challenges it faces in resolving administrative disputes, and the opportunities it can leverage to enhance public service quality and governance. The research employs a normative juridical method, using analysis of legislation, court decisions, legal literature, and relevant administrative judicial practices. The findings indicate that PTUN functions beyond its judicial capacity by upholding good governance principles, creating legal precedents, and correcting deviant administrative actions. However, the court's effectiveness is hindered by structural and cultural constraints, such as weak regulations on decision enforcement, the absence of supervisory mechanisms, and a low compliance culture. This study concludes that through institutional reform, legal process digitalization, human resource development, and cross-sector collaboration, PTUN can strengthen its role in shaping a more efficient, accountable, and responsive bureaucracy.
The Urgent Need to Reform Outdated Regional Regulations on Public Order : (An Examination of Kapuas Hulu Regency's Public Order Regional Regulations from 1978) Hazdan, Muhammad Fahmi; Yenny Aman Serah; Temmy Hastian
Reformasi Hukum Vol 29 No 1 (2025): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i1.1121

Abstract

Maintaining public order is one of the responsibilities of both the central and regional governments. The Regional Government of Kapuas Hulu Regency still relies on legal foundations in force since 1978 to maintain public order. This research aims to examine the validity of the Regional Regulation of Kapuas Hulu Regency Number 9 of 1978 concerning the Implementation of Cleanliness and Public Order and to analyze the urgency of establishing a new regional regulation on public order in Kapuas Hulu Regency. This study employs normative legal research methods with a statutory approach focused on vertical and horizontal synchronization. The results of the research indicate two main issues in the implementation of the regulation. First, there is a discrepancy between the legal basis of the 1978 Regional Regulation, namely Law Number 5 of 1974, and the currently prevailing legislation (Law Number 23 of 2014), which grants broader autonomy to regional governments. Second, several public order issues emerging within the community have not been accommodated in the substance of the existing Regional Regulation. Based on these findings, it is concluded that there is an urgent need to update the Regional Regulation of Kapuas Hulu Regency on Public Order to align with meaningful participation mechanism.
Non-Conviction Based Asset Forfeiture Policy Concept Through In Rem Lawsuit Based on Economic Analysis of Law Sakinah, Tri Indah; Sumardiana, Benny
Reformasi Hukum Vol 29 No 1 (2025): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i1.1154

Abstract

The mismatch between state losses and the amount of assets recovered in handling corruption cases is caused by inefficient regulations. Indonesian legal system has yet to firmly regulate asset forfeiture mechanisms without criminal conviction through in rem lawsuits. This study aims to examine the Non-Conviction Based (NCB) asset forfeiture policy concept through in rem lawsuit based on Economic Analysis of Law (EAL) approach in Indonesia. This research uses a normative juridical method, focusing on the analysis of asset forfeiture regulations in Indonesia within several other countries, and also explores the relationship between asset forfeiture policies and EAL approach. The findings show that NCB Asset Forfeiture through in rem lawsuits is a crucial step to enhance the effectiveness of anti-corruption law enforcement in Indonesia. The development of this policy aligns with the provisions of UNCAC, which provide a legal basis for countries to conduct asset forfeiture without waiting for a final and binding court verdict. By integrating the EAL approach, this policy can ensure economic efficiency in the recovery of state losses while eliminating economic incentives for corrupt actors. In conclusion, the enactment of the Asset Forfeiture Bill is urgent to establish a more effective, solution-oriented, and adaptive legal enforcement system against corruption as an economic crime.
Legal Status Options in the Legitimation of Out-of-Wedlock Children in Mixed Marriages Murtadho, Nazhif Ali
Reformasi Hukum Vol 29 No 1 (2025): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i1.1158

Abstract

Mixed-nationality marriages between Indonesian citizens and foreign nationals create legal uncertainty for children born out of wedlock regarding citizenship, inheritance rights, and property ownership. This study aims to analyze the mechanisms of adoption, acknowledgment, and legitimation and their implications for legal certainty and the protection of children’s rights. Employing a normative doctrinal method with statutory and conceptual approaches, the research draws on primary and secondary legal materials. Our findings reveal that the legal status of children born out of wedlock depends on the validity of the parents’ marriage and paternal acknowledgment: the Civil Code (KUHPerdata) provides erkenning and legitimation mechanisms to secure inheritance rights, while Law No. 12/2006 and Ministerial Regulation No. 10/2023 allow for limited dual citizenship following formal acknowledgment, though practical implementation remains hindered by administrative and procedural obstacles. We conclude that formal paternal acknowledgment is an absolute prerequisite for ensuring children’s identity, citizenship, and civil-law rights; therefore, regulatory harmonization and simplification of administrative procedures are needed to prevent statelessness and guarantee non-discrimination in accordance with the best-interests-of-the-child principle.  
Core Legal Challenges in Determining Locus and Tempus Delicti of Revenge Porn in Indonesia Wibowo, Aldo Satrio; Sumardiana, Benny
Reformasi Hukum Vol 29 No 1 (2025): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i1.1165

Abstract

The development of information technology has given rise to new forms of crime, one of which is the offense of revenge porn. In such cases, determining locus delicti (place of the crime) and tempus delicti (time of the crime) poses serious challenges, as content dissemination can occur rapidly, anonymously, and across multiple jurisdictions. This complicates law enforcement efforts in determining jurisdiction, the validity of charges, and the effectiveness of the evidentiary process. This study aims to analyze the implications of revenge porn in Indonesia and the mechanisms and doctrines used in determining locus and tempus delicti in the context of law enforcement. The method employed in this research is normative juridical, using statutory and doctrinal approaches. The results show that determining locus and tempus delicti in revenge porn cases is a crucial aspect of criminal procedural law, particularly given the technological complexities of the present era. Relevant theories, such as the theory of the operation of tools, can be applied to Article 8 of the Electronic Information and Transactions Law (ITE Law) to establish the time and place of a crime juridically. In conclusion, additional regulations addressing the element of revenge and implementing the right to be forgotten are necessary to strengthen the legal framework and address the future challenges of cybercrime in Indonesia.
Indonesia and World Trade Organization’s Prohibtion on Fisheries Subsidies: Finding a Breakthrough Gea, Gita Venolita Valentina; Krustiyati, Atik; Veronica, Shierren
Reformasi Hukum Vol 29 No 1 (2025): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i1.1170

Abstract

Fishermen have long been a vital part of coastal communities, especially in developing countries like Indonesia. However, the recent prohibition of fisheries subsidies by the World Trade Organization (WTO) has raised significant legal and economic concerns. This article aims to examine the implications of the WTO’s Agreement on Fisheries Subsidies for Indonesia and explore potential legal strategies to reconcile international obligations with national interests. Using a normative juridical method, this study analyzes the provisions of the WTO agreement, particularly the eight types of prohibited subsidies, and their impact on Indonesia’s small-scale fisheries sector. The findings indicate that a sudden termination of these subsidies may harm the livelihoods of traditional fishermen and disrupt coastal economies. This situation presents a legal and diplomatic paradox: Indonesia must comply with global trade rules while safeguarding the welfare of its people. As a solution, Indonesia should leverage international negotiations and legal mechanisms to advocate for flexibilities or special treatment for developing countries. In conclusion, while the WTO agreement aims to prevent overfishing and promote sustainability, its implementation must be carefully balanced to avoid adverse effects on developing nations. Indonesia must therefore find a legal and diplomatic breakthrough to protect both its obligations and its national interests.
'No Viral No Justice' Phenomenon in Indonesian Law Enforcement: Acceleration or Threat to Justice ? Wahid, Abdul; Rohadi, Rohadi; Kusyandi, Andi
Reformasi Hukum Vol 29 No 1 (2025): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i1.1183

Abstract

The phenomenon of 'No Viral, No Justice' illustrates a shift in the paradigm of law enforcement in the digital age. Virality on social media is often a determining factor in driving the response of law enforcement officials. This study examines the role of social media virality in shaping public access to justice in Indonesia, known as the 'No Viral, No Justice' phenomenon. Using a socio-legal approach, this study analyzes the dynamics between digital public pressure and the response of law enforcement agencies in a number of cases that went viral. The results show that virality can accelerate the state's response in handling a case and open space for public participation. However, this phenomenon also has the potential to undermine fundamental principles in the judicial system, particularly the principle of due process of law, and create disparities in the handling of viral and non-viral cases. This study recommends the importance of formulating a regulatory framework that balances public participation through digital media as a tool for social control with the protection of the integrity, independence, and objectivity of the legal system. In conclusion, justice is not solely determined by media exposure but by the upholding of a legal system that ensures certainty, substantive justice, and the protection of the human rights of every citizen.

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