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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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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.
Legal Construction of Immigration Administrative Measures: A Case Study on Immigratoir, Asylum Seekers, and Refugees Muhammad Yani Firdaus
Reformasi Hukum Vol 29 No 2 (2025): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i2.1185

Abstract

Indonesia, as an archipelagic state located at the crossroads of global routes, faces dynamic human mobility, including immigratoir, asylum seekers, and refugees. This study aims to examine the legal construction of immigration administrative actions in Indonesia and their implications for sovereignty and national immigration policy. The research applies a qualitative method with a normative juridical approach based on literature review and regulatory analysis. The findings show that national regulations do not fully reflect the principle of lex superior derogat legi inferior. Although Indonesia has not ratified the 1951 Refugee Convention and the 1967 Protocol, it still bears responsibility for managing asylum seekers and refugees, creating regulatory and operational challenges. The study concludes that the role of the Directorate General of Immigration must be reinforced through cross-sectoral coordination with the military, police, local governments, and related stakeholders. Recommendations highlight three priorities: revising Presidential Regulation No. 125 of 2016 to align with national interests, requiring UNHCR to consult the Indonesian government before granting refugee status, and ensuring financial and logistical responsibilities are borne by IOM to prevent excessive burdens on Indonesia.
Decolonizing Sustainability: Integrating Islamic Legal Pluralism into Post-2030 Agendas Muhammad jibril, Abubakar
Reformasi Hukum Vol 29 No 2 (2025): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i2.1229

Abstract

The international sustainability agenda, founded upon the UN 2030 Sustainable Development Goals and subsequent COP climate agreements, is ever more reproached for institutionalizing colonial technocratic frameworks that sideline local epistemologies. This research formulates a decolonial approach to incorporate Islamic legal pluralism, specifically Maliki fiqh ideals and Quranic khalīfah (stewardship), mīzān (balance), and fasād (corruption) concepts into post‑2030 sustainability agendas in Nigeria. Using a qualitative doctrinal and document-based method, we examine primary legal texts (the Nigerian Land Use Act; state Sharia codes), classical fiqh texts, international policy documents, and grey literature, including religious declarations. We find that Islamic institutions (waqf endowments, zakat councils, Sharia courts) are communal governance structures embracing environmental stewardship and social justice, yet under-engaged in national policy. We trace pathways for legal reform, such as the amendment of land tenure legislation to protect waqf lands, and institutional innovation, such as "green zakat" funds and specialized Sharia benches for environmental cases. By bringing epistemic justice and cultural legitimacy to the fore, our model carries theoretical as well as practical implications: it enriches decolonial sustainability studies through an Islamic environmental jurisprudence lens and suggests actionable models for harmonizing Nigeria's plural legal heritage with global sustainability ambitions. Comparative studies in other Muslim-majority contexts are welcome.
Artificial Intelligence-Based Deepfake Crimes: A Conception of Culpability Principle as a Criminal Liability Reform Wafi, Muhammad Syafiq; Aloysius Wisnubroto; Prayudi, Yudi
Reformasi Hukum Vol 29 No 2 (2025): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i2.1304

Abstract

The phenomenon of deepfake crimes based on artificial intelligence (AI) demands a reform of criminal liability concepts through the expansion of the culpability principle, allowing the placement of AI as a subject of law. However, the idea of recognizing AI as an independent legal entity (electronic personhood) is considered irrelevant, since AI lacks human-like will and moral autonomy. Therefore, this study proposes a model of criminal liability that extends the culpability principle to providers and users of deepfake technology. Using a normative legal research method based on primary and secondary legal materials, this study comprehensively examines the application of the culpability principle through a comparative approach among various jurisdictions. The findings indicate that the most proportional form of liability is the vicarious liability model, which was initially applied to corporations but can be adapted to the AI context. In this model, software providers may be held liable for acts committed by AI in deepfake crimes, particularly as part of their responsibility toward technology governance regulations. The study recommends establishing national regulations emphasizing governance systems based on risk assessment, risk management, and impact assessment, as practiced in the European Union, Canada, and the United States. In conclusion, reforming criminal liability in the AI era is a strategic step to address the growing prevalence of deepfake crimes and to ensure that the legal system remains adaptive to technological developments.
Reforming the Administrative Court Decision Execution Mechanism : Lessons from the Dutch Administrative Justice System Al'anam, Muklis; Prabowo, Hendro
Reformasi Hukum Vol 29 No 2 (2025): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i2.1275

Abstract

The execution of final court rulings is a crucial element in realizing the rule of law and protecting the rights of citizens in the administrative justice system. However, in practice, the execution of PTUN decisions in Indonesia still faces various obstacles, particularly in terms of effectiveness and compliance with government officials. This article examines the need for reforming the PTUN's execution mechanism by adopting lessons from the Dutch administrative justice system. The research method used is juridical-normative with a comparative law approach. Sistem Belanda menyoroti kewenangan yang lebih besar bagi hakim administrasi untuk memantau pelaksanaan putusan dan hukuman yang jelas bagi pejabat yang tidak patuh. The results of this study recommend institutional strengthening, expansion of judicial authority, and formulation of clearer legal instruments in the Indonesian PTUN system to ensure more effective and fair execution of decisions. These reforms are expected to increase public confidence in administrative courts and promote a culture of compliance among government officials.
Non-Interference Principle Dynamics in ASEAN and African Union Responses to Member States’ Unconstitutional Changes of Government Ulandari, Ulandari; Gautama, Budi Arundhati; Indrayati, Rosita
Reformasi Hukum Vol 29 No 2 (2025): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i2.1280

Abstract

Unconstitutional changes of government (UCG) are a serious challenge to regional stability and the principles of international law, especially the principle of non-interference. The African Union (AU) and the Association of Southeast Asian Nations (ASEAN) are facing different dynamics in responding to the phenomenon. This study aims to analyze the influence of the United Nations' attitude on the application of the principle of non-interference and analyze the response of ASEAN and AU to the UCG in their member countries. The research uses normative juridical methods with legislative, case, and comparative approaches. The results of the study show that the AU has adapted the principle of non-interference through the Constitutive Act of The African Union by including an exception clause, including in situations of grave circumstances (war crimes, genocide, and crimes against humanity) or at the request of the country concerned. Meanwhile, ASEAN still maintains the strict application of the principle of non-interference without a specific legal mechanism to respond to the UCG, as happened in Myanmar. It can be concluded that the dynamics of the application of the principle of non-interference show a shift in norms and a transformation of legal approaches at the regional level, where the AU has moved towards adapting new norms, while ASEAN is still prioritizing the path of diplomacy and political consensus. As a recommendation, ASEAN needs to strengthen the legal legitimacy of the 'Five-Point Consensus' as a model for handling the UCG in the region, so that it can function as a constitutional instrument that supports stability and sustainable regional legal governance.
Procedural and Substantive Dimensions of Human Rights Protection in the Judgment of Verein KlimaSeniorinnen v. Switzerland Fauzi, Nisrina Putri
Reformasi Hukum Vol 29 No 2 (2025): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i2.1244

Abstract

Climate change not only impacts environmental damage, but also threatens the fulfillment of human rights. This phenomenon has given rise to various climate litigation cases that highlight the responsibility of states in protecting these rights. This study analyzes the Verein KlimaSeniorinnen v. Switzerland, which will be issued by the European Court of Human Rights (ECtHR) in 2024, emphasizes the procedural and substantive dimensions of human rights protection, especially related to the court's new paradigm of the applicant's legal standing and the affirmation of the state's positive obligation to mitigate the impact of climate change. This study uses a juridical-normative method with a legislative and case approach. The results of the study show that procedurally, ECtHR expands the meaning of locus standi by recognizing associations as parties with legal standing to represent groups affected by climate change. Substantively, the court affirmed the positive obligation of the state to establish and implement effective climate mitigation policies to protect the rights of citizens. In conclusion, this ruling marks the evolution of the paradigm of human rights protection in the context of climate change. Therefore, the KlimaSeniorinnen ruling sets an important precedent for national and international courts in building an adaptive and responsive legal interpretation to the challenges of the climate crisis.
Existence of Legal Certainty for Foreign Investors in Danantara as a Form of Investment Governance Reform Widiatno, Hector Stanley; Harris, Freddy
Reformasi Hukum Vol 29 No 2 (2025): August Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i2.1287

Abstract

Legal certainty for foreign investors is a crucial factor in supporting the stability and competitiveness of national investment. The establishment of the Investment Management Agency Daya Anagata Nusantara (Danantara) as Indonesia’s sovereign wealth fund marks a significant reform in national investment governance. This study aims to analyze the existence of legal certainty for foreign investors through Danantara as a manifestation of investment governance reform, using a normative juridical method with statutory and conceptual-analytical approaches. The results show that Danantara possesses legal capacity as a state investment manager capable of accommodating various foreign investment schemes such as foreign direct investment, co-investment funds, and public–private partnerships. Legal certainty is realized through the principles of regulatory clarity, freedom of contract, non-discrimination, and institutional independence. The application of the principle of equitable efficiency reflects a balance between legal certainty and social justice, consistent with the theories of Sudikno Mertokusumo and John Rawls. It is concluded that Danantara strengthens legal and justice certainty for foreign investors and serves as a strategic instrument for reforming national investment governance. It is recommended to enhance regulatory transparency and harmonization to ensure the effectiveness and sustainability of investment policies.

Page 14 of 14 | Total Record : 140

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