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Mimin Mintarsih
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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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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.
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.
Implications of Nominee Agreements in Land Ownership by Foreign Nationals in Bali: Case Study of Nominee Agreement in Decision No. 274/Pdt.G/2020/PN Dps Ridhogusti, Rinaldi; Kurniati, Grasia
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.v28i2.1024

Abstract

The nominee agreement is often used to circumvent the prohibition on land ownership by Foreign Nationals (WNA), where the land is officially registered under the name of an Indonesian Citizen (WNI) but controlled by a WNA. This practice raises legal and social issues, particularly in Bali. This study aims to analyze the legal and social implications of the nominee agreement in land ownership by WNA, with a focus on Decision No. 274/Pdt.G/2020/PN Dps. This study uses a normative juridical method, with a case approach and legal literature analysis to examine the legality and impacts of the nominee agreement practice. The study finds that the nominee agreement violates the Basic Agrarian Law No. 5 of 1960 and Article 1320 of the Civil Code regarding the requirements for valid agreements. The court's ruling to annul all nominee agreements demonstrates a commitment to enforcing agrarian law and preventing illegal practices. Stricter law enforcement, strengthened regulations, enhanced supervision, and comprehensive legal education are needed to address nominee agreements and ensure that land ownership is managed fairly and sustainably by Indonesian citizens (WNI).  
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.  

Page 13 of 14 | Total Record : 140

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