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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 constitutes a fundamental branch of legal science that provides a conceptual framework for understanding the essence, purpose, and legitimacy of law. This study is grounded in the need for a philosophical perspective that views law not merely as a collection of written norms, but as a reflective human construct closely connected to justice, morality, and social values. Using a normative-juridical method, this research is based on a systematic literature review of classical and contemporary legal philosophies, focusing on the relationship between law, morality, and justice. The analysis demonstrates that legal understanding is shaped by diverse philosophical approaches, ranging from legal positivism, which emphasizes the separation between law and morality, to natural law theories that prioritize universal moral principles as the foundation of legal validity. The findings indicate that the philosophy of law functions as an intellectual gateway that enables a critical and reflective understanding of law, allowing legal norms to be evaluated beyond formal legality. This study concludes that an introductory engagement with the philosophy of law is essential for developing analytical reasoning and ethical awareness in legal scholarship. Accordingly, the study recommends that the philosophy of law be positioned as a mandatory and contextually oriented subject within faculties of law in Indonesia, in order to strengthen students’ conceptual, normative, and moral understanding of law in both theory and practice.  
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 extraction by mechanics in official motorcycle workshops constitutes a significant yet underexamined issue in consumer protection law. This study is prompted by a case in which a mechanic siphoned fuel from a consumer’s motorcycle tank without consent during a service process, resulting in material loss and a violation of consumer rights. The issue is particularly relevant given the imbalance of knowledge and power between business actors and consumers. This research aims to identify the causal factors underlying unauthorized fuel siphoning, analyze the legal responsibility of business actors, and examine mechanisms for resolving disputes arising from such practices. The study employs an empirical juridical method with a field research approach, combining interviews with consumers and workshop personnel and normative analysis based on Law Number 8 of 1999 on Consumer Protection. The findings demonstrate that unauthorized fuel siphoning constitutes a breach of consumer protection principles and gives rise to legal liability for business actors. The primary motivating factor identified is the perceived inefficiency and higher cost of using specialized cleaning agents, such as carburetor spray cleaners, which leads to informal and unethical service practices. Dispute resolution in these cases is generally pursued through non-litigation mechanisms, particularly negotiation. This study underscores the need to strengthen transparency in workshop services and to enforce clearer ethical and procedural standards. It concludes that enhancing both preventive and repressive consumer protection mechanisms is essential to ensure effective protection of consumer rights.
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

This study examines electoral accessibility reform for persons with disabilities by employing accessibility and reasonable accommodation as its philosophical and normative foundations. The research uses normative legal research with conceptual and philosophical approaches, drawing upon an analysis of constitutional provisions, national legislation, international human rights instruments, and relevant academic literature. The discussion emphasizes accessibility as a structural guarantee for inclusive electoral facilities and information, and reasonable accommodation as a proportional mechanism to address the diverse needs of persons with disabilities. The analysis is grounded in Aristotle’s concept of justice, which advocates differential treatment based on relevant differences, and Rawls’ difference principle, which prioritizes the protection of the most vulnerable groups. These philosophical foundations are reinforced by the 1945 Constitution, Law No. 8 of 2016 on Persons with Disabilities, Law No. 7 of 2017 on Elections, and Article 29 of the Convention on the Rights of Persons with Disabilities. The findings indicate that although the existing legal framework formally recognizes electoral rights for persons with disabilities, its implementation remains inadequate due to persistent physical, informational, and cultural barriers in electoral processes. This study concludes that electoral accessibility reform constitutes a philosophical, normative, and practical imperative, which can be realized through an Inclusive Electoral Justice model grounded in universal accessibility, reasonable accommodation, and participatory decision-making, thereby affirming persons with disabilities as equal political subjects.
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 rapid technological development, particularly the widespread use of the internet, have generated new patterns of criminal conduct involving children as perpetrators, including the dissemination of pornographic content. This study examines the reconstruction of criminal accountability for children in conflict with the law in pornography dissemination cases, using Decision No. 4/Pid.Sus-Anak/2024/PN Ktb as a case study. The research employs doctrinal legal research with a qualitative approach, based on the analysis of secondary legal materials obtained through a literature review. The study focuses on the application of Law No. 44 of 2008 on Pornography and Law No. 11 of 2012 on the Juvenile Criminal Justice System. The findings indicate that criminal accountability in the examined case was established through a formalistic application of Article 29 of Law No. 44 of 2008, leading to the imposition of imprisonment and vocational training on a 15-year-old child offender. However, this approach demonstrates a predominantly punitive orientation that insufficiently reflects the principles of child protection and restorative justice mandated in juvenile justice policy. Accordingly, this study proposes a reconstruction of criminal accountability by prioritizing diversion mechanisms, proportional sanctions, and rehabilitative measures, while limiting custodial sentences to a measure of last resort. Such a reform-oriented approach is essential to ensure that the enforcement of pornography laws involving children remains consistent with the best interests of the child and the objectives of the juvenile criminal justice system.
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 committed by law enforcement officials remains a systemic problem within Indonesia’s criminal justice system, despite its explicit prohibition under the Constitution and various national and international human rights instruments. This condition reflects the state’s failure to ensure effective criminal accountability, thereby sustaining a culture of impunity that undermines the rule of law, human dignity, and substantive justice. This study addresses two main issues: (1) the legal and institutional barriers that hinder the enforcement of criminal responsibility against law enforcement officials who commit torture, and (2) the ideal legal formulation required to establish a more assertive and human rights–oriented framework of accountability. This research employs a normative juridical approach through the analysis of primary and secondary legal materials, including constitutional provisions, statutory regulations, international human rights norms, legal doctrines, and relevant judicial decisions. The analysis is conducted using a descriptive-qualitative method with conceptual and structural perspectives. The findings reveal that criminal accountability is constrained by regulatory ambiguity, the dominance of an individualistic paradigm in criminal law, weak oversight mechanisms, and the absence of normative recognition of institutional crimes. The non-application of doctrines such as command responsibility and strict liability further perpetuates impunity. Therefore, this study proposes a reconstruction of criminal accountability through the expansion of functional and structural liability, the recognition of law enforcement officials as special perpetrators, and the strengthening of victim protection and independent oversight. This reconstruction is essential to ensuring effective accountability and the protection of human rights.
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 constitutes a legal mechanism that enables creditors to execute collateral without prior court proceedings, provided that the fiduciary object has been duly registered and a Fiduciary Security Certificate has been issued. Despite its practical significance, the execution of fiduciary security in debtor default disputes continues to raise legal and normative concerns, particularly in balancing legal certainty and substantive justice. This study employs normative legal research by analyzing statutory regulations, legal doctrines, and judicial reasoning related to fiduciary security execution. The analysis focuses on Decision No. 297/Pdt.G/2023/PN BPP as a case study to examine how courts interpret and apply Law Number 42 of 1999 on Fiduciary Security in resolving default disputes. The findings demonstrate that the court granted execution rights to the creditor without litigation on the basis of formal compliance, while rejecting claims for material damages, collateral seizure, and compulsory monetary payments due to insufficient legal grounds. This ruling reflects a judicial effort to uphold legal certainty while preventing excessive enforcement measures. However, the study argues that fiduciary security execution should not be understood merely as a procedural entitlement of creditors, but as a legal mechanism that must be exercised proportionally and in good faith. Accordingly, this article rethinks fiduciary security execution by emphasizing the need to harmonize enforcement practices with the principles of fairness, proportionality, and substantive justice in debtor–creditor relations.

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