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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 7 Documents
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Search results for , issue "Vol 29 No 3 (2025): December Edition" : 7 Documents clear
The Philosophy of Law as a Gateway to Understanding Law Asa, Agam Ibnu; Shidarta, Shidarta
Reformasi Hukum Vol 29 No 3 (2025): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i3.1284

Abstract

The philosophy of law plays a foundational role in conceptualizing law beyond its formal structure as written rules, particularly in legal systems marked by tensions between positive law and substantive justice, such as Indonesia. This study examines how philosophy of law functions as an epistemic gateway to understanding the nature, authority, and normative grounding of law by integrating classical and modern jurisprudential traditions. Employing a juridical-philosophical method with a qualitative-descriptive approach based on doctrinal and theoretical analysis, the research engages natural law theory, legal positivism, legal realism, and critical approaches. The findings indicate that the relationship between law and morality cannot be reduced to a rigid dichotomy; instead, these traditions provide complementary analytical frameworks for assessing legal validity, legitimacy, and justice. By situating these perspectives within Indonesia’s plural legal context, the study demonstrates the continuing relevance of philosophical inquiry for legal interpretation and institutional reform. It concludes that strengthening philosophical foundations in legal education is essential to foster reflective legal reasoning and to bridge the gap between formal legality and substantive justice.
Unregulated Workshop Practices and Consumer Protection: Addressing Unauthorized Fuel Siphoning Ramadhan, Syahrul; Saputra, Arikha
Reformasi Hukum Vol 29 No 3 (2025): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i3.1302

Abstract

Unauthorized fuel siphoning by mechanics during motorcycle servicing raises significant concerns within the framework of consumer protection law. Such practices potentially infringe upon consumers’ rights to transparency, informed consent, and fair treatment, thereby questioning the scope of business accountability in service transactions. This study examines the underlying factors contributing to unauthorized fuel siphoning, analyzes the legal responsibilities of workshop operators, and evaluates available dispute resolution mechanisms. Employing an empirical juridical method, the research combines field interviews with consumers and workshop representatives and doctrinal analysis of Law No. 8 of 1999 on Consumer Protection and related regulations. The findings indicate that unauthorized fuel siphoning constitutes a breach of the duty of good faith and the obligation to provide accurate and transparent information, thereby giving rise to potential liability for damages. Cost-efficiency considerations in the servicing process were identified as a contributing factor to the practice. Disputes are generally resolved through non-litigation mechanisms, particularly negotiation. The study concludes that strengthening operational standards, enhancing service transparency, and reinforcing preventive and corrective consumer protection mechanisms are essential to ensuring effective legal protection in service-based commercial activities.
Legal Perspective on Foreign Direct Investment and Economic Growth in Phillipines Putri, Rizha Claudilla; Azani, Adila
Reformasi Hukum Vol 29 No 3 (2025): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i3.1328

Abstract

Foreign direct investment (FDI) plays a pivotal role in fostering economic growth, particularly in developing economies such as the Philippines. While much of the literature emphasizes economic determinants of FDI, limited research has examined the interaction between law and economics in shaping investment sustainability. This study adopts a descriptive qualitative approach, combining doctrinal legal research with economic analysis, to investigate how regulatory certainty, institutional frameworks, and dispute settlement mechanisms influence FDI inflows. Drawing on primary sources such as the Foreign Investments Act of 1991, bilateral investment treaties, and international arbitral decisions, as well as secondary data from UNCTAD, the World Bank, and the Bangko Sentral ng Pilipinas, the research explores the legal and economic dynamics of FDI from 2000 to 2025. Findings reveal that while economic reforms and comparative advantages have driven FDI growth in the Philippines, legal certainty and compliance with international investment norms remain critical in sustaining investor confidence. This dual analysis underscores that inclusive and sustainable growth can only be achieved when foreign investment is supported by transparent legal frameworks, effective dispute resolution, and alignment with international obligations. The article contributes to bridging the gap between economic studies and legal discourse on FDI, offering recommendations for strengthening regulatory mechanisms to enhance the Philippines’ long-term investment climate.
Electoral Accessibility Reform for Persons with Disabilities Rahim, Erman I.; Piyo, Sofyan; Komendangi, Rivanka Amelia Nursyahbani
Reformasi Hukum Vol 29 No 3 (2025): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i3.1333

Abstract

Political participation of persons with disabilities in electoral processes remains constrained by structural barriers despite constitutional guarantees and international human rights commitments. This study examines the need for electoral accessibility reform by employing the concepts of accessibility and reasonable accommodation as normative and philosophical foundations. The research adopts a normative legal method with conceptual and statutory approaches. The findings indicate that while Indonesia’s legal framework formally recognizes accessibility and reasonable accommodation, implementation gaps persist, particularly in relation to physical infrastructure, electoral information, and socio-cultural practices. Drawing on distributive justice and principles protecting vulnerable groups, the study argues that accessibility should be understood as a substantive equality requirement rather than merely a technical administrative measure. It concludes that electoral reform should prioritize universal accessibility standards and proportionate accommodation mechanisms to ensure equal political participation of persons with disabilities within Indonesia’s democratic framework.
Reconstructing Criminal Accountability of Children in Pornography Dissemination Cases: Case Study of Decision Number: 4/Pid.Sus-Anak/2024/PN Ktb Wahid, Bahrul Alim
Reformasi Hukum Vol 29 No 3 (2025): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i3.1383

Abstract

Globalization and advances in information technology, particularly the internet, have brought various conveniences while also generating new problems, including the rise of cybercrime. One emerging phenomenon is the involvement of children as perpetrators of criminal offenses, including the dissemination of child pornography. This study aims to describe and analyze the criminal accountability of children in pornography dissemination cases based on Decision Number: 4/Pid.Sus-Anak/2024/PN Ktb, as an effort to reconstruct the understanding of criminal accountability of children in conflict with the law. This research employs a qualitative method with a doctrinal legal research approach. The focus of the study is on the criminal accountability of children in pornography dissemination cases through an examination of Law Number 44 of 2008 on Pornography and Law Number 11 of 2012 on the Juvenile Criminal Justice System. The data used are secondary data obtained through library research and analyzed descriptively. The findings indicate that the criminal accountability of children in the case was based on the fulfillment of the elements of Article 29 of Law Number 44 of 2008. The child offender, aged 15 years, was proven to have disseminated pornographic content through social media. The judge considered the child legally capable of being held accountable and imposed a sentence of one year of imprisonment and three months of job training.
Beyond Impunity: Reconstructing Criminal Accountability for Torture by Law Enforcement Officials Suhendar, Suhendar; Permana, Virgiawan Cikal; Putra, Rengga Kusuma
Reformasi Hukum Vol 29 No 3 (2025): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i3.1389

Abstract

Torture perpetrated by law enforcement officials continues to occur within Indonesia’s criminal justice system despite explicit constitutional prohibitions and binding international human rights commitments. This persistence indicates deficiencies in the framework of criminal accountability and contributes to entrenched patterns of impunity. This study examines the normative and structural obstacles to prosecuting torture and reconstructs a more effective model of criminal accountability. Employing a normative legal method with statutory and conceptual approaches, the research analyzes constitutional provisions, national legislation, and relevant doctrinal sources. The findings reveal that ambiguous regulatory formulations, the predominance of an individualistic paradigm in criminal law, the absence of a specific and autonomous offence of torture, and the lack of structural accountability mechanisms collectively weaken enforcement. Moreover, existing legal frameworks insufficiently address command responsibility and institutional dimensions of abuse, thereby reinforcing systemic impunity. The study concludes that criminal law reform should incorporate explicit recognition of torture as a distinct offence, expand accountability within hierarchical command structures, and strengthen independent oversight and victim protection mechanisms. Harmonization with international standards and the establishment of effective enforcement mechanisms are recommended to ensure consistent and transparent prosecution of torture cases.
Rethinking Fiduciary Security Execution in Debtor Default Disputes: Case Study of Decision No. 297/Pdt.G/2023/PN BPP Ananto, Riana Wulandari
Reformasi Hukum Vol 29 No 3 (2025): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i3.1406

Abstract

Fiduciary security agreements grant creditors the right to execute secured assets without prior judicial authorization, provided that the security has been duly registered and evidenced by a Fiduciary Security Certificate under Law No. 42 of 1999. However, the execution of fiduciary collateral in debtor default disputes continues to raise questions regarding the limits of creditor authority and the protection of debtor rights. This study examines the legal basis and procedural mechanism of fiduciary security execution in cases of default, with particular attention to the principles of legal certainty, utility, and justice. Employing a normative legal method, the research analyzes statutory provisions, doctrinal interpretations, and judicial reasoning, focusing on Decision No. 297/PDT.G/2023/PN Bpp. The findings indicate that courts recognize the enforceability of fiduciary execution without litigation when formal registration requirements are satisfied, while rejecting additional claims such as material damages and coercive penalties due to insufficient legal grounds. The study concludes that fiduciary execution remains legally valid within the existing statutory framework but must be conducted proportionally and in a manner that respects debtor protections. Clear procedural standards and consistent oversight are therefore necessary to ensure a balanced and predictable secured transactions regime.

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