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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 184 Documents
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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.
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.
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.
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.  
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.
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.
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.
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.

Page 18 of 19 | Total Record : 184

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