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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 20 Documents
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Search results for , issue "Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond" : 20 Documents clear
Legal Reform of the Penalty for Crime of Recruiting and Involving Children in Armed Conflicts in Light of the Provisions of IHL Alwheebe, Etesam Alabd S.; Ismail, Hosameldin H.
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.2705

Abstract

The study seeks to clarify the extent of the effectiveness of punishment for the crime of recruiting children and their involvement in armed conflicts, and it has been stipulated in the framework of the statute of the International Criminal Court (ICC) that the recruitment of children and their participation in armed conflicts, a war crime that requires individual criminal accountability, but the phenomenon of child soldiers is still continuing and a source Concern for the international community Although international law criminalizes the recruitment and use of children in military operations, it needs concerted efforts to eliminate it, as the legal framework for this phenomenon does not currently require additional development of its rules as much as it needs to activate and apply these rules, in addition to activating the punitive policy through Effective and deterrent penalties to curb this crime as a war crime and to prosecute its perpetrators, The problem, then, is not one of legislation, but one of implementation. Children often pay a very high price during armed conflicts, as they suffer the direct and indirect consequences of hostilities. Children's participation in armed conflicts has been a widespread phenomenon since antiquity. Therefore, the international community had to intervene to protect them and prohibit their recruitment. Global efforts have been made to eliminate the phenomenon of recruitment and use of children in military operations by prohibiting the recruitment of children in many international documents.
International Cooperation in EU Pre-Trial Investigations and Its Future Role in Ukraine’s Legal Reform Kozachenko, Oleksandr I.; Zarosylo, Volodymyr; Gelemei, Mykola O.; Stankovych, Mykhailo I.; Yatsun, Mykola M.
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.3595

Abstract

This article examines international cooperation between law enforcement agencies within the European Union (EU) during pre-trial investigations, guided by the Association Agreement between Ukraine and the EU. Special focus is placed on the European Arrest Warrant (EAW), analyzing its application, efficiency, and implications for Ukraine's prospective EU membership. The study emphasizes the need for Ukraine to align its legal framework with EU standards, considering the issuance and execution of EAWs. As Ukraine aims to become an EU member state, it must understand and comply with the procedures and best practices associated with these warrants. Despite the existing legal frameworks, challenges remain due to the lack of consistent practice across EU countries in issuing and executing the EAW. This research identifies key areas where Ukraine can improve its legal reforms to align with EU practices, particularly concerning EAW implementation. Recommendations include a detailed analysis of the EAW application process that accounts for the nuances of national legislation while adhering to EU regulations. By understanding these complexities and bridging legal gaps, Ukraine can effectively navigate the challenges and enhance international cooperation in criminal investigations. Ultimately, this article provides practical insights and policy recommendations to ensure Ukraine's successful integration into the EU's legal framework for pre-trial investigations. It highlights the importance of adopting best practices in the issuance and execution of the EAW, emphasizing the need for legal reforms that respect national peculiarities without contravening EU law.
Reforming Global Criminal Justice: Addressing Corruption’s Impact on Armed Crime Voloshanivska , Tetiana; Shchokin , Rostyslav; Pavlova , Olena; Frantsuz, Anatoliy Y.; Dei , Maryna O.
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.4082

Abstract

The article examines the relationship between corruption and gun crime and emphasizes the need to counteract this phenomenon to ensure the safety of citizens. The article points to the importance of a proper justice system and reforms in this area to combat corruption and gun-related crimes. The authors of the article analyzed several countries in Africa and Latin America based on corruption and crime rates. The study showed that a high level of corruption directly affects a high level of crime and vice versa. Moreover, the study showed that countries in the same region, with similar stages of development, have different levels of corruption. This suggests that if the recommendations contained in the article are followed, it is possible to overcome corruption and reduce the level of other crimes that are directly related to it. In addition, the authors of the article emphasize the need to modernize and further develop the global strategy of criminal liability for corruption and other crimes arising from it. In general, it should be noted that the importance of international cooperation is extremely high, especially in the context of the international fight against corruption. International cooperation is a key tool in the global fight against corruption and armed crime, as these types of crimes can be international in nature and require coordination of efforts of different countries to be successfully overcome.
Can Indonesia’s Laws Keep Up? Protecting Consumer Rights in Digital Transactions Subagyono, Bambang Sugeng Ariadi; Romadhona, Mochamad Kevin; Chumaida, Zahry Vandawati; Suheryadi, Bambang; Elkhashab, Noureldin Samy
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.4202

Abstract

This research examines dispute settlement mechanisms within the framework of Indonesia's consumer protection laws and the Electronic Information and Transaction Law (ITE Law). Utilizing a normative legal methodology, the study analyzes relevant legal principles and doctrines, particularly focusing on Law No. 8 of 1999 on Consumer Protection and the Civil Code. The key findings of the study are twofold. First, it identifies that corporate entities bear responsibility for consumer losses under both the Consumer Protection Law and the ITE Law, which provides a legal structure for resolving disputes related to electronic transactions. However, the research also reveals a critical distinction: disputes arising from online purchases generally fall under the ITE Law, rather than the Consumer Protection Law. Second, the study highlights the challenge of interpreting the term "consumer" within the Consumer Protection Law, which explicitly refers to the final beneficiary of a product or service. This definition creates ambiguity in cases involving intermediaries or non-end consumers in online transactions. The study's contribution lies in its identification of a legal gap in the current regulatory framework. It suggests that the Consumer Protection Law may require revision to better address the complexities of modern e-commerce, particularly in distinguishing between end consumers and non-end consumers. By doing so, the research provides a foundation for future legal reforms aimed at improving the protection of consumers in the digital marketplace.
Legal Reforms for Preventing Employer Abuse: Crafting a Socially Just Employment Law Framework Triasmono, Hari; Mangesti, Yovita Arie; Febriansyah, Ferry Irawan; Tomlins, Richard; Nawang, Nazli Bin Ismail
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.4321

Abstract

This research aims to examine the role of employment law in overcoming the challenges of abuse of power by employers to build a legal framework that is socially just. This challenge is in focus because of its impact on imbalances in employment and labour relations. In this context, labour law has an important role in protecting workers' rights and preventing abuse of power by employers in the corridor of legal reform that provides social justice. The research method used is a normative legal approach. Through analysis of various legal regulations, court decisions, and related literature, this research seeks a comprehensive understanding of the concept of employment law and its relevance in overcoming the challenges faced. The novelty of this research lies in its holistic approach, integrating social justice, proactive prevention, technology use, and worker participation in employment law reforms to prevent employer abuse, ensuring comprehensive and fair protection for all workers. The research results show that labour law plays a crucial role in ensuring social justice in the work environment and in carrying out legal reforms. Clear regulations and effective law enforcement are key to preventing abuse of power by employers and protecting workers' rights. Thus, labour law is not only an instrument of protection but also a foundation for building a legal framework that is socially just. In conclusion, comprehensive labor law implementation and collaboration among government, employers, and workers are essential for creating a fairer and more socially just work environment.
Is Indonesia’s Company Law Ready to Turn the Page on Outdated Liquidation Procedures? Waisapi, Jeffry Yuliyanto
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.4335

Abstract

Business practices in Indonesia increasingly rely on Limited Liability Companies (LLCs), which are central to various sectors, including trade, industry, finance, and insurance. Liquidation, the process of dissolving an LLC and settling its assets, plays a critical role when a company ceases operations. This study examines the legal framework governing LLC liquidation under Law No. 40 of 2007 on Limited Liability Companies (UUPT), using a normative juridical approach. It highlights the liquidator's role in the dissolution process, grounded in Article 1233 of the Indonesian Civil Code, which outlines that legal relationships arise from consent or law. Upon liquidation, the liquidator assumes responsibility for managing the company’s assets and liabilities, as mandated by Article 149, paragraph (1) of the UUPT. The liquidator’s duties include collecting assets, notifying creditors, publishing liquidation notices in newspapers and the State Gazette, and distributing remaining funds to shareholders. The liquidator must also provide a final report to the General Meeting of Shareholders (GMS) or the court for approval. Once the report is accepted, the LLC is formally dissolved and ceases to exist as a legal entity. This study reveals the need for reform in the liquidation procedures, emphasizing the complexity of managing the dissolution process in today’s interconnected business environment. With evolving commercial dynamics, the current legal framework may require updates to streamline liquidation and ensure more effective resolution for all stakeholders involved.
Reorienting Investment Dispute Resolution in Indonesia: Towards a Fair and Efficient System Siallagan, Sahat Poltak; Wiwoho, Jamal; Suryono, Arief; Kurniawan, Itok Dwi; Fernandes, Acacio
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.4367

Abstract

In the era of Industry 4.0, the surge in foreign investment and the proliferation of global trade agreements have intensified the need for more reliable dispute resolution mechanisms. While the Investor-State Dispute Settlement (ISDS) system has long been the standard, it faces widespread criticism for its lack of transparency, fairness, and absence of an appellate mechanism. In response, the Investment Court System (ICS) has emerged as a novel alternative, introducing significant reforms such as the appointment of more qualified arbitrators, greater neutrality, enhanced transparency, and, crucially, a structured appeals process that offers stronger legal certainty. Although no disputes have yet been resolved through ICS, raising questions about its efficiency, the system represents a promising advancement in creating a more equitable and trustworthy framework. The appellate mechanism of ICS, in particular, addresses a critical shortcoming of ISDS, where arbitration awards are often challenged in national courts, leading to legal uncertainty. By balancing investor protection with state sovereignty to regulate in the public interest, ICS has the potential to enhance legal clarity, foster public confidence, and create a more stable and inclusive global investment environment.
Freedom of Opinion After the Constitutional Court Ruled the Fake News Dissemination Crime Unconstitutional Prahassacitta, Vidya
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.6752

Abstract

Decree of the Constitutional Court No. 78/PUU-XX1/2023 protects freedom of opinion in a public place. That decree rules Article 14 and Article 15 Law No. 1 of 1946 on the Fake News Dissemination Crime unconstitutional. However, does this decree of the Constitutional Court really protect the people’s right to freedom of opinion in a public place? This study is aimed at analyzing freedom of opinion in Indonesia after the decree of the Constitutional Court No. 78/PUU-XX1/2023 was issued. The document study employing a case approach and a law approach shows us that there are still things posing a threat to freedom of expression in a public place. Article 263 and Article 264 Law No. 1 of 2023 on the Penal Code and Article 28 (3) Jo. 45A (3) Law No. 1 of 2024 on the Second Amendment to Law on Electronic Information and Transactions still criminalize a fake news dissemination act. Decree of the Constitutional Court No. 78/PUU-XX1/2023 does not directly rescind the crime in those two laws. Furthermore, the provisions in the content moderation as stipulated in Law on Electronic Information and Transactions may present an obstacle to freedom of opinion in a public place. In the end, we need to request the Constitutional Court to judicially review the other laws on the fake news dissemination crime and to improve the provisions regulating the content moderation.
Reconstructing Indonesia’s Trademark Registration System through the Lens of General Principles of Good Governance to Realize Substantive Justice Masnun, Muh. Ali; Prasetio, Dicky Eko; Awang, Mohd Badrol; Sulistyowati, Eny
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.7547

Abstract

The constitutive or first-to-use system in trademark registration in Indonesia actually creates problems, particularly in failing to meet substantive justice aspects in trademark registration. This is because the constitutive or first-to-use system only provides protection for registered trademarks. This research aims to analyze and reconstruct a trademark registration system that accommodates the General Principles of Good Governance (AUPB). This study provides a novel perspective by integrating the General Principles of Good Governance (AUPB) with Indonesia's trademark registration system, offering a unique approach to enhance substantive justice in trademark law. The research highlights the need for reform in the Indonesian trademark registration process, which can guide policymakers and legal practitioners in improving the accuracy and fairness of trademark protection, thereby reducing disputes and enhancing the protection of intellectual property rights. This research is normative legal research using statutory, conceptual, and philosophical approaches. The research results confirm that the "first to file" system in trademark registration in Indonesia has undermined substantive justice because it only provides legal protection when a trademark has been registered. The urgency to make AUPB a guideline in the trademark registration process is oriented so that the DJKI trademark registration process can prioritize aspects of accuracy and prudence. Reconstructing a trademark registration system model that embodies substantive justice can be done by not applying the constitutive system absolutely but rather relatively by accommodating developments in trademark registration practices. This application needs to be combined with the general principles of good governance to create a fair and effective system in protecting trademark rights and realizing substantive justice.
Paradox of Expanding Renewable Energy Resources: Legal Lag Behind the Advancement of Digital Technology Alimuddin, Nur Hidayani; Mayasari, Riezka Eka; Jusafri, Jusafri; Boer, Muhammad Riyan Kachfi
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.11838

Abstract

Advances in digital technology have brought massive changes to various aspects of life, including managing natural resources in renewable energy. Digital technology has become one of the strongest drivers for the energy transition goal. In light of this potential, various government policies are currently underway to facilitate the expansion of these resources. Initially, this expansion initiative appears to be a sound and perfect plan, as the transition towards renewable energy will significantly affect environmental conservation efforts, bolstered by digitalization in the energy management sector. Holistically, there appears to be some confusion from both social and economic perspectives, and particularly from a legal perspective at the regulatory level. Objective of this research is to investigate the relationship between advancements in digital technology on renewable energy expantion. Additionally, it aims to investigate the legal barriers that hinder efforts to expand renewable energy in the country, and to explore the significance of paradoxes in this process. This research was conducted principles of law, synchronisation regulations, historical legal analysis, and comparative jurisprudential study. The findings of the research indicate that digital technology, or digitization, in the management of renewable energy provides a significant positive contribution in terms of improving safety, production processes, increasing access, and sustainable management. On the other side, renewable energy regulations have not been able to accommodate the country's expansion efforts and potential. There are still many legal, social, economic, and environmental conflicts in this process.

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