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Journal of Law and Legal Reform
Published by Universitas Negeri Semarang
ISSN : 27150941     EISSN : 27150968     DOI : https://doi.org/10.15294/jllr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal seeks to disseminate information and views on matters relating to law reform, including developments in case and statute law, as well as proposals for law reform, be they from formal law reform bodies or from other institutions or individuals
Arjuna Subject : Ilmu Sosial - Hukum
Articles 90 Documents
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The Urgency of Copyright Right on Bridal Makeup Design of Kendal Bridal Makeup Design to Reform Creative Industry in Indonesia Waspiah, Waspiah; Rodiyah, Rodiyah; Asmarani Ramli; Muhammad Iqbal Baiquni; Nadiyah Meyliana Putri
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i2.1211

Abstract

This research underscores the urgent need for copyright protection in the Indonesian bridal makeup design sector, particularly focusing on Kendal Bridal Makeup Design. The absence of legal safeguards for innovative makeup designs poses a significant threat to the creative efforts of makeup artists and the broader bridal industry. This study identifies a critical gap in existing intellectual property laws, which inadequately address the unique challenges of protecting original makeup designs. Findings indicate that the lack of robust copyright protections results in widespread imitation and unauthorized use of designs, undermining their economic value and diminishing creative incentives for artists. This situation impedes the growth of the creative industry, where originality and personal branding are essential. The research highlights that the current legal framework does not adequately support the sector, leaving artists exposed to exploitation and legal disputes. The novelty of this study lies in its specific focus on bridal makeup design within the Indonesian context, an area that has received limited scholarly attention. By evaluating the legal and economic impacts of insufficient copyright protection, the study offers new insights into how reforming intellectual property laws can promote innovation and support industry growth. The research contributes by advocating for targeted legal reforms to enhance copyright protections for makeup designs and provides actionable recommendations for policy changes. These measures aim to safeguard artists' rights, foster creativity, and bolster the Indonesian creative industry, thereby paving the way for a more sustainable and innovative sector.
Knitting Democracy, Separating Restraints: Legal Reform and a Critical Analysis of Article 256 of the New Criminal Code and its Impact on Freedom of Speech Fernando, Zico Junius; Kristanto, Kiki; Anditya, Ariesta Wibisono
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i2.1670

Abstract

In Indonesia's democratic landscape, the presence of Article 256 of the Criminal Code has become a crucial point in discussions on freedom of expression and human rights. This article, with its criminal provisions for demonstration organisers who do not give prior notice to the authorities, poses a significant dilemma. The threat of imprisonment for up to six months and/or a maximum fine of Rp10 million raises deep questions about the space given to citizens to express their opinions in public spaces. This research uses normative legal research methods using statutory, conceptual, comparative, and futuristic approaches. The nature of this research is descriptive-prescriptive. The data that has been collected is analysed using the content analysis method. This research conducts an in-depth exploration of the implications of Article 256 of the current Criminal Code, which threatens criminal sanctions for organisers of unannounced demonstrations. This research investigates how this regulation has the potential to curb individual freedom of expression in public spaces, as well as its impact on the quality of democracy and the maintenance of human rights in Indonesia. The findings of this research confirm that Article 256 of the Criminal Code is a step backward in democratic practice and jeopardises freedom of expression. The research underscores the urgency of revising this regulation to ensure that the right to express opinions in public, as mandated by Law No. 9 of 1998, is protected as a key element in democracy and human rights. This reflects the importance of maintaining public space as an arena for free discussion and criticism, which is at the core of a healthy democratic system.
Asset Restitution Reform to Ensure Legal Protection and Fairness for Investors Setiyawan, Deni; Alhadi, Muhammad Nurcholis; Yassine, Chami
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i2.1774

Abstract

Emerging concerns in the legal domain are a direct result of the digital age's advancements in the economic sphere. Binary options' rise to prominence is a topic worthy of discussion, particularly with regard to the breadth of asset returns in such instances. Binary option victims are questioning the fairness of the state's claim to assets in light of the recent court ruling in the Indra Kenz and Doni Salmanan case. This research aims to help victims of binary options get their money back through restitution by analyzing the problem and offering remedies. The victims of binary option crimes will have their rights protected; that much is certain. Solutions to the problem of investor asset return can be found by using normative methodologies in the examination of statutes, case studies, and concepts. This study finds that victims of illegal activities can regain their possessions through restitution, which also provides a sense of justice and guarantees legal protection for their rights. People can suffer materially, emotionally, and psychologically as a result of committing a criminal offense. Based on the priorities of legal protection and justice, this research is anticipated to provide a solution for law enforcement in the return of assets for binary option criminal offenses.
The Importance of Non-Conviction Based (NCB) Regulations For Asset Confiscation in Illegal Investment Asmarani Ramli; Dodik Setiawan Nur Heriyanto; Fezer Tamas; Dian Latifiani
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2089

Abstract

The purpose of this research is to find out the importance of Non-Conviction Based (NCB) asset confiscation management in illegal investment cases in Indonesia. NCB is a method of confiscating assets that allows the state to confiscation assets without a court order on past criminal convictions. This article argues that controlling the NCB is important to ensure the effectiveness of asset recovery in illegal investment cases and to prevent law enforcement officials from abusing their powers. This research uses a qualitative approach and examines relevant laws and regulations, court decisions and academic writings along with a brief description of the situation in the European Union. The findings in this study indicate that the existing laws and regulations in Indonesia for implementing NCB are inadequate. Hence, asset expropriation in illegal investment cases cannot be carried out without a court order on past criminal decisions. This study recommends making a law on asset confiscation for illegal investment cases that can provide clear criteria and procedures in civil procedural law for the use of the NCB mechanism similar to those exist in a number of EU Member States.
Carbon Trading as a New Paradigm for Indonesia's Polluter Pays Principle Erwin Syahruddin; Rahmat Saputra; Andre Cardenas; Alizah Ali
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2090

Abstract

Climate change is driven by a combination of natural fluctuations and human activities, particularly the widespread use of fossil fuels (such as coal, oil, and natural gas) and alterations in land use practices such as logging, farming, and clearing land for agriculture. This global phenomenon encompasses various end-of-use activities, including agriculture, forestry, and consumerism. An inherent challenge in the global carbon dioxide (CO2) trading landscape lies in the competition between developed and developing countries, stemming from inconsistent CO2 prices. This competition manifests in three primary areas. Firstly, in the context of internationally transmitted mitigation outcomes, involving international trade aimed at surpassing Nationally Determined Contributions (NDC) targets. Secondly, it pertains to sustainable development mechanisms, specifically the use of carbon offsets derived from projects implemented by both public and private entities worldwide. The third aspect revolves around non-market approaches, encompassing emission reduction through mitigation and adaptation efforts, financial support, technology transfer, and capacity building, which may involve tools like carbon taxes and Carbon Border Adjustment Mechanism (CBAM). This research adopts a legal norm perspective, delving into methods that investigate, describe, synthesize, interpret, evaluate, and analyze positive approaches. The findings signify a paradigm shift aligning with the "polluter pays principle," recognizing that entities and individuals responsible for environmental pollution should bear the associated costs. In the quest for a new paradigm of sustainable development, a carbon market ecosystem assumes a pivotal role. This ecosystem contributes to enhancing sustainability by curbing greenhouse gas emissions and offering economic incentives to address climate change. It acts as a cornerstone in constructing a fresh paradigm for potential development.
Ramifications of Divorce by Dayak Customary Law: Exploring Legal Consequences in Indonesian Legal System Itok Dwi Kurniawan; Ismawati Septiningsih; Jose Gama Santos
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2091

Abstract

This research explains the consequences of divorce according to the laws of the Dayak traditional community in Central Kalimantan province. The research method used is normative using primary and secondary legal materials. Customary law is one of the laws recognized in Indonesia. Customary law in Central Kalimantan is implemented by the existence of Dayak traditional institutions in Central Kalimantan which have been outlined in Central Kalimantan Province Regional Regulation No. 16 of 2008 and Central Kalimantan Governor Regulation no. 13 of 2009 concerning Dayak Traditional Institutions in Central Kalimantan. It is clear that customary law is a separate legal system so that it is different from other legal systems. The results of this research show that the consequences of divorce carried out by the Dayak traditional community are not only regulated by positive law in force in Indonesia, namely Law Number 1 of 1974 concerning Marriage, but are also regulated by Dayak customary law based on Regional Regulations. Kalimantan Province Regional Regulations. 16 of 2008 concerning Dayak Traditional Institutions in Central Kalimantan, there are Dayak customary punishments and marriage agreements carried out by parties from the Dayak traditional community.
Unveiling the Surge in Corruption: A Menacing Threat to Indonesia's Stability in Anti-Corruption Law Reform Diandra Preludio Ramada; Indah Sri Utari
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2092

Abstract

This study delves into the persistent challenges of corruption in Indonesia despite extensive anti-corruption initiatives. By examining the multifaceted modus operandi across various institutions, we uncover the menacing threat corruption poses to the stability of the nation. The analysis explores structural, cultural, instrumental, and management barriers hindering anti-corruption measures, emphasizing the urgent need for comprehensive reforms. Drawing insights from Law Number 31 of 1999, which classifies corruption actions, including bribery and conflicts of interest, this research underscores the gravity of corruption's impact on state finances, politics, and the economy. To effectively combat this menace, we propose a strategic approach, including the redesign of public services, enhanced transparency, oversight, and sanctions, and the empowerment of mechanisms supporting corruption prevention. In light of these findings, the study advocates for an integrated law enforcement strategy, international cooperation, and harmonized regulations to strengthen Indonesia's resolve in anti-corruption efforts. The proposed reforms aim not only to curb corruption but also to fortify the stability of the nation, reflecting a crucial step towards a more transparent and accountable governance system.
Choice of Arbitrators Regarding Dispute Settlement (Comparing Indonesia and Russia) Jafar Sidik; Oleg Orlov; Asep Rozali; Dewi Sulistianingsih
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2093

Abstract

Arbitration is a mechanism for resolving civil disputes outside traditional courts, governed by a written arbitration agreement between the disputing parties. Limited to commercial and specific disputes like banking, an arbitration tribunal, consisting of arbitrators, hears and decides these matters. In Indonesia, Law Number 30 of 1999 states that the appointment of two arbitrators grants them authority to select a third. Meanwhile, Russian laws, such as Federal Law No. 382-FZ and Law No. 5338-1, empower the Nomination Committee of Permanent Arbitration to appoint a third arbitrator from an approved list. This article employs a normative juridical method with a comparative law approach to scrutinize the selection and appointment of a third arbitrator according to Indonesian and Russian law. Qualitative analysis reveals that, under certain circumstances, all three arbitrators may be appointed by the Nomination Committee or even the general jurisdiction court, as outlined in the Russian International Commercial Arbitration Court's regulations. The article underscores the importance of providing legal certainty to disputing parties, empowering arbitrators, and avoiding conflicts that could impede dispute resolution. By shedding light on the appointment process, this research aims to contribute to the efficacy of arbitration as a judicious alternative for resolving disputes.
False Transaction vs Wash Trading: Addressing the Gap to Rebuild Market Confidence (Legal Implication in Indonesia and United States Capital Market Law) Fajar Sugianto; Shintaro Tokuyama
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2094

Abstract

This paper is evidently about the legal comparison between Indonesia and the U.S on their views on market manipulation. There are several similarities between the Capital Market Law and SEA 1934, not only in terms but also in the elements. Articles 91 and 92 of Capital Market Law seem to mimic Section 9(a) (1) and (2) of SEA 1934. As both statues states similar prohibition in creating a misleading trading appearance and the purpose of inducing sales. This means that elements and tests applicable in the U.S. should also be applicable in Indonesia. Section 10(b) of SEA 1934 and SEC Rule 10b-5 serves to further supplement the application of Section 9 with its broad anti-manipulation provisions. Articles 91 and 92 of Capital Market Law cover the sales and purchase of stocks affected by the alleged manipulation that occurs only in the securities exchange as evident by the wording “on a/the Securities Exchange”. This is also observed in Section 9(a) (1) and (2) of SEA 1934 wherein the scope is limited to transactions in the “national securities exchange”. What this implies is that over-the-counter and block sales transactions are not protected under the statutes mentioned above. This issue is not addressed under the Capital Market Law, however Section 10(b) of SEA 1934 and its implementing regulation SEC Rule 10b-5 addresses this issue. Section 10(b) of SEA 1934 allows for broader authority of law enforcement as it includes “any security registered on a national securities exchange or any security not so registered”. This implies protection for a wider scope of securities transactions.
Urgency Supreme Court Circular Letter Number 2 of 2023 in the Judicial Process of Interfaith Marriage Registration Zainal Arifin; Naufal Ghani Bayhaqi; David Pradhan
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2101

Abstract

The Supreme Court of the Republic of Indonesia has issued Circular Letter Number 2 of 2023, stipulating that courts are not permitted to approve requests for the registration of interfaith marriages. However, it is crucial to highlight the principle that Indonesian judges must exercise their duties independently, devoid of external interference. Judges are expected to uphold qualities of independence, impartiality, fairness, and responsibility, refraining from influencing the provision of material to litigants to prevent moral distortion. This article aims to elucidate the role of the aforementioned circular letter concerning the judge's independence within the judicial process in Indonesia. The research methodology employed involves normative legal methods, coupled with a structured analysis of legal norms and principles. The findings of the research underscore two key points. Firstly, the urgency of regulating the determination of marriages involving different religions and beliefs in the judicial process is rooted in the objective of aligning court resolutions with the philosophical underpinnings of the Indonesian nation. Secondly, it is emphasized that the Circular Letter in question does not hold binding authority for judges in the adjudication of cases, particularly those involving interfaith marriages. The autonomy of judicial power, as enshrined in the 1945 Constitution of the Republic of Indonesia and further detailed in Law Number 48 of 2009 concerning Judicial Power, affords judges the freedom to independently decide on cases brought before them. This regulatory framework underscores the imperative of preserving the unfettered discretion of judges in their adjudicative functions.

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