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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
Can Advocates’ Legal Culture in Civil Law Enforcement Drive Reform in Indonesia’s Modern Justice System? Latifiani, Dian; Baidhowi, Baidhowi; Herlambang, Pratama Herry; Winarno, Farkhan Radyafani; Habiburrahman, Ahmad
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.v5i3.12988

Abstract

This study examines the urgent need to reform the legal culture of advocates in Indonesia, specifically in relation to the use of e-court and e-litigation systems in civil law enforcement. These systems were designed to streamline legal processes, offering faster, cheaper, and more accessible trials for material parties. However, advocates have been slow to adopt these technologies, often sticking to traditional methods, which undermines their potential effectiveness. The novelty of this research lies in its exploration of how the legal culture of advocates can be reformed to better leverage e-court and e-litigation. Rather than focusing solely on the technical aspects of these systems, the study emphasizes the socio-legal implications of such reforms. Advocates, as both legal professionals and agents of social change, play a critical role in bridging the gap between new technologies and the material parties they represent. This research contributes to the development of civil procedural law and aims to improve the legal culture of both advocates and clients. Using a qualitative, socio-legal approach, the study gathers data through interviews, observations, document analysis, and personal experiences. The urgency of this reform is underscored by the need for advocates to fully embrace their role in Indonesia’s digital transformation of justice. The study also examines how regulatory tools like PERMA No. 1 of 2019 and No. 7 of 2022 can support these reforms, ultimately driving systemic change in Indonesia’s legal culture and enhancing the effectiveness of e-court and e-litigation.
The Enactment of the Common Interest Concept and the Theory of Repressive Legal Protection on Consumer Reviews Against Defamation Claims Kongres, Evi; Kogin, Kevin; Susilawati, Connie
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.v5i3.13231

Abstract

Essentially, the objective of reviews is to offer testimonials regarding the quality of product based on personal experiences, serving as a reference for potential consumers concerning the product’s attributes and quality. Businesses also leverage consumer reviews as material for product evaluation, marketing, and enhancing after-sales services. However, in practice businesses do not always receive consumer reviews favorably, particularly when these reviews result in financial losses. This is especially true when reviews are published by influencers with substantial social media followings. Consequently, businesses may initiate legal action against consumers for defamation. According to defamation provisions, acts carried out in the public interest cannot be penalized. This study addresses the legal protection of consumers against defamation lawsuits by businesses, employing the common interest concept and the theory of repressive legal protection. The aim is to analyze the application of the common interest concept and the theory of repressive legal protection concerning reviews on social media, aiming to provide new insights for law enforcement officials in handling defamation cases involving consumers and businesses. This study utilizes normative juridical methods, reviewing literature on legislation, legal concepts, and theories. The study concludes that according to the theory of repressive legal protection, businesses that violate their obligations to consumers should be sanctioned. The enactment of the common interest concept to consumer reviews requires an examination of legal evidence and facts, and if proven, should result in sanctions for businesses as a form of repressive legal protection.
Reforming the Indonesian Bureaucracy through State Civil Apparatus Reform, Could It be Optimized with Technology? Amancik, Amancik; Barus, Sonia Ivana; Saifulloh, Putra Perdana Ahmad; Nggilu, Novendri M.; Nur, Asrul Ibrahim
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.v5i3.13753

Abstract

Bureaucracy, from a societal perspective, is often perceived as complex, slow, and inefficient. Despite these criticisms, bureaucracy remains a fundamental component of governance and plays a crucial role in societal functioning. As such, bureaucratic reform has been a prominent focus of policy discussions for several decades. A technology-driven government system, coupled with a bottom-up approach, has the potential to enhance efficiency, transparency, and accountability in public administration. However, in practice, such reforms have been largely confined to central government institutions and select agencies. This study aims to explore the integration of technology within the bureaucratic system in Indonesia, with a focus on its comprehensive implementation across government structures. Employing a normative research methodology, the study emphasizes the need for the government to take proactive steps in developing a skilled workforce in information technology. The authors also recommend strategically mapping positions that can integrate technological expertise throughout government departments. Furthermore, the study proposes a comprehensive examination of the potential for replacing executive positions with artificial intelligence (AI) to streamline and simplify bureaucratic processes.  In addition to technological advancements, bureaucratic reform must be accompanied by legal reform, particularly in the areas of data security and the protection of personal information. This includes redefining bureaucratic and personal data categories to ensure robust safeguards. The Personal Data Protection Law should play a pivotal role in integrating these data types and ensuring their protection. Moreover, the Telecommunications Act and the Personal Data Protection Act should foster collaboration between the government and technology companies to develop effective security solutions. Lastly, strengthening the Ombudsman as a public service oversight institution is essential to ensuring transparency and accountability in the implementation of bureaucratic and technological reforms.
Critical Analysis of Living Law Formulation in Law No. 1 of 2023 Concerning the Criminal Code: Towards Law Reform to Realize Justice with the Spirit of Pancasila Hardinanto, Aris; Arief, Barda Nawawi; Setiyono, Joko; Fernando, Zico Junius; Sabrina, Nahdiya
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.v5i3.13923

Abstract

The government is trying to reform national law in the field of criminal law by drafting a Criminal Code Bill (RUU KUHP) to replace Wetboek van Strafrecht. The culmination of this preparation was the promulgation of the Criminal Code Bill on January 2, 2023, through Law No. 1 of 2023 concerning the Criminal Code (KUHP). However, there are not many articles that discuss the process and critical analysis of living law formulation as stated in the provisions of Article 2 of the Criminal Code and their explanations. The research method used was legal research with statute, historical, comparative legal, and conceptual approaches. The results of this research conclude that the living laws are formulated inconsistently in terms of scientific substance. In order to make this formulation can realize justice based on Pancasila, it can be achieved in several ways. First, there is a need to reinterpret living legal concepts by involving experts in customary law, legal anthropology, legal sociology, and interdisciplinary legal researchers. Second, redefining the meaning of law that lives within the body of the Criminal Code is not limited to customary law, especially the principle of legality, but also includes customary law and traditional laws in traditional societies. Third, formulating formal law/criminal procedural law as the enforcer of material criminal law/National Criminal Code by re-establishing and recognizing customary courts in the Indonesian criminal justice system whose application in society is to realize the fifth principle of social justice for all Indonesian people from Pancasila.
Promoting the Principle of Political Equality: Reformulation of Private Funding Source Regulations for Indonesian Political Parties Mamonto, Moch Andry Wikra Wardhana; Radzi, Mohd Shahril Nizam Bin Md; Moenta, Andi Pangerang; Ilmar, Aminuddin; Riza, Marwati
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.v5i3.14457

Abstract

This study examines the regulation of private funding sources for political parties, with the goal of developing a framework that ensures political equality for donors. Adopting a normative legal research approach, the study employs statutory, conceptual, and comparative methods. Data are analyzed descriptively and prescriptively to offer a comprehensive understanding of the current regulatory gaps and to propose a ius constituendum for the regulation of private political party funding. The findings reveal two key issues. First, while Indonesia has regulations governing private funding for political parties, these regulations do not comprehensively address all private funding sources, leaving certain sources unregulated or insufficiently restricted. Second, the existing regulatory framework fails to ensure political equality among donors. Based on these findings, the study recommends several reforms for more equitable regulation. Specifically, it advocates for a regulatory framework that prioritizes political equality, with detailed classifications of private funding sources—distinguishing between internal sources, such as party taxes from members holding political positions, and external sources, such as loans from individuals or legal entities. Additionally, the study proposes establishing clear limits on donor contributions, including maximum limits for both member contributions and party taxes. These reforms aim to create a more transparent and balanced system of political financing, ensuring fairer access to the political process for all donors.
A New Era in the Implementation of Rehabilitation and Compensation Rulings in State Administrative Courts Permana, Tri Cahya Indra; Amiludin, Amiludin
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.v5i3.14524

Abstract

The implementation of court rulings on rehabilitation and compensation in the State Administrative Court has entered a new era with the issuance of execution guidelines for the supervision of rulings with permanent legal force by the Head of the State Administrative Chamber of the Supreme Court of the Republic of Indonesia. These guidelines mark the first time in the history of the Supreme Court that a compensation amount has been reassessed and determined by the Serang State Administrative Court due to the failure to implement rehabilitation in an employment dispute. The compensation awarded does not refer to Government Regulation No. 43 of 1991, which limits compensation to between one hundred thousand rupiah and two million rupiah, but instead is based on the actual losses of the petitioner. This practice has set a positive precedent for the execution of compensation or monetary payments, which is expected to be followed by other State Administrative Courts. It is hoped that the Plaintiffs/Execution Applicants will follow the legal enforcement procedures outlined in the Minister of Finance Regulation Number 80/PMK.01/2015 regarding the Implementation of Legal Decisions, enabling the realization of compensation payments, and it is recommended that the Minister of Finance execute the legal decisions, especially the Supreme Court's re-determination regarding the compensation payment amount, so that justice for the Plaintiffs/Execution Applicants can be fully realized.
Reconstruction of Legal Protection for Civil Servants as Whistleblowers in Eradicating Corruption Crimes in Indonesia Hariz, Austin Al; Nugroho, Hibnu; Ridwan, Ridwan
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.v5i3.16334

Abstract

Corruption in Indonesia remains a pervasive and deeply entrenched issue, severely undermining public trust, hindering development, and destabilizing governance. Addressing corruption requires robust mechanisms, especially the protection of whistleblowers—particularly civil servants (Aparatur Sipil Negara, ASN)—who play a critical role in exposing corruption within public institutions. However, ASN whistleblowers face significant challenges, including retaliation, lack of legal protections, insufficient reporting channels, and limited incentives, which hinder their effectiveness and deter reporting. This study investigates the existing legal frameworks for protecting ASN whistleblowers, assessing their implementation and effectiveness, and proposing necessary reforms. Through qualitative legal research, including primary and secondary legal materials and interviews with key informants, the research identifies significant shortcomings in Indonesia's whistleblower protection laws. These gaps—such as inadequate safeguards, procedural inefficiencies, and limited institutional support—expose whistleblowers to retaliation, weakening anti-corruption efforts. The findings emphasize the urgent need for comprehensive legal reforms to enhance whistleblower protection, ensuring their safety, security, and empowerment. By filling this critical gap, the study contributes to strengthening Indonesia’s anti-corruption initiatives and highlights the essential role of whistleblowers in fostering transparency and accountability. This research calls for policymakers to prioritize whistleblower protection as a core component of the nation’s anti- corruption strategy, offering actionable recommendations to improve legal frameworks and institutional support. In doing so, it underscores the need for urgent reforms to combat corruption and promote a culture of accountability in Indonesia’s public sector.
Mainstreaming Law and Human Rights Education in Indonesia: How the National Training Institute Can Drive Legal and Policy Reform? Kurniawan, Iwan; Pramono, Suwito Eko; Yulianto, Arief; Formen, Ali
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.v5i3.16494

Abstract

This paper explores the integration of law and human rights education in Indonesia, with a focus on the role of the National Training Institute (NTI) in advancing these principles through governmental and public service training programs. As Indonesia continues its commitment to upholding human rights, both domestically and in line with international conventions, the mainstreaming of law and human rights education plays a critical role in promoting justice, equality, and legal literacy across society. Despite legal frameworks aimed at protecting human rights, there remains a significant gap in the effective implementation of such education, particularly within public institutions and civil service training. The study assesses how the NTI has integrated law and human rights topics into its curricula, examining the effectiveness of these programs in building awareness and understanding of legal rights and responsibilities. Drawing from interviews with trainers and participants, the paper identifies both strengths and limitations of current training methodologies, highlighting the challenges of addressing complex human rights issues in a culturally diverse context. Furthermore, the research underscores the importance of law and policy reform in advancing human rights education. It argues that a comprehensive and systematic approach to training in legal rights is not only crucial for improving compliance with national and international human rights standards but is also integral to broader legal reforms aimed at enhancing public participation and accountability in governance. The paper concludes by proposing recommendations for strengthening law and human rights education within the NTI framework, advocating for reforms that expand its reach and effectiveness as a tool for both societal change and legal empowerment.
Transforming Human Resources: The Key to Revolutionizing Indonesian Legal Reform and Justice System Efficiency Hilal, Maulidi; Purnomo, Arif; Arief, Sandy
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.v5i3.16495

Abstract

Indonesia’s legal reform and justice system have long faced challenges of inefficiency, corruption, and a lack of skilled personnel. As the nation strives to modernize and improve governance, a transformative approach is necessary to address systemic shortcomings. This research explores the pivotal role of Human Resources (HR) management in reshaping the Indonesian justice system, arguing that reforms in HR practices are essential to achieving sustainable legal reform and enhancing judicial efficiency. The study introduces a novel perspective by linking HR practices—such as recruitment, training, performance management, and retention—with broader goals of institutional transformation and legal accountability. The urgency of this research lies in Indonesia's ongoing efforts to combat corruption and improve the public sector’s effectiveness. HR reforms are positioned as a key lever for institutional change, offering a pathway to ensure that the judicial system is staffed with competent, ethical, and efficient personnel. The research examines existing HR practices within the justice sector and proposes innovative strategies for talent development, capacity building, and alignment with international standards. By fostering a culture of accountability and professionalism, these reforms can contribute to increased public trust and a more equitable legal environment. This study makes a significant contribution by bridging the gap between HR management and judicial reform in Indonesia. It provides actionable insights for policymakers, legal professionals, and international partners, emphasizing that an investment in human capital is central to achieving a more effective, transparent, and just legal system. Ultimately, the research underscores that HR transformation is not just an administrative reform, but a critical element in the broader pursuit of justice and national development.
Pancasila as a Foundation for Legal Reform: Evaluating the Impact of Civic Education on Indonesian Legal Systems Prakoso, Prakoso; Rokhman, Fathur; Handoyo, Eko
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.v5i3.16498

Abstract

Pancasila, Indonesia’s official state ideology, serves as a guiding framework for the nation’s governance and legal systems. As the country continues to grapple with challenges related to corruption, inequality, and legal inefficiencies, there is an increasing recognition of the need to integrate Pancasila’s principles into legal reforms. This study evaluates the impact of civic education, grounded in Pancasila, on the effectiveness and legitimacy of Indonesia’s legal system. It argues that embedding Pancasila’s values—such as justice, democracy, and social welfare—into civic education can foster a more law-abiding, ethically responsible society, which in turn strengthens the rule of law and enhances legal reforms. Through a comprehensive analysis of existing civic education programs and their influence on public understanding of legal rights and obligations, this research highlights the role of education in shaping legal consciousness and promoting societal trust in legal institutions. The urgency of this research lies in Indonesia’s ongoing efforts to modernize its justice system while addressing systemic corruption and inefficiency. By situating Pancasila at the core of civic education, the study advocates for a holistic approach to legal reform, one that aligns legal practices with broader societal values. This research contributes to the discourse on legal reform by proposing a model in which education, ethical values, and legal practice are interconnected to create a more robust and transparent legal framework in Indonesia.

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