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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 140 Documents
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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.
Electronic Stamp Validity: Cyber Law Perspective on the Effectiveness of E-Stamp Usage in E-commerce Transactions Sirait, Resmaya Agnesia Mutiara; Nugraha, Adhytia; Serah, Yenny Aman; Marpaung, Samuel
Reformasi Hukum Vol 28 No 1 (2024): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i1.1036

Abstract

Digitalization is an era that has triggered many profound changes to all aspects of daily activities. The shift of the business world to the digital era has more or less changed the activity of buying and selling transactions from the traditional market to the digital market known as e-commerce, which is currently widely used by consumers in shopping activities. E-commerce is a technology medium widely used for buying and selling products on small and large scales. Buying and selling products or online business transactions through large-scale e-commerce requires proof of a binding agreement using digital stamps (e-stamps). This study analyzes how effective e-stamp duty is in online business transactions through e-commerce. This research is based on normative legal research using a normative juridical approach. The results of this study show that, regarding the validity of e-stamps, they have the same legal value as sticky stamps and cannot be contested. E-stamps in online business transactions through e-commerce contribute significantly to effectiveness and efficiency when viewed from cyber law. The researcher recommends further studying the effectiveness of using e-stamp duty in online business transactions (e-commerce), as reviewed by cyber law.
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.
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.
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.
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.

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