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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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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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