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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 15 Documents
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Search results for , issue "Vol. 6 No. 2 (2025): April, 2025" : 15 Documents clear
Mineral and Coal Mining Regulatory Reform in Indonesia Rahman, Irsan; Basrawi, Basrawi; Widyawati, Anis; Suryani, Leony Sondang; Haris, Iyan Nurdiyan
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.19040

Abstract

Mining in Indonesia is a vital sector that contributes significantly to the economy. However, current regulations still reveals a number of weaknesses that impact environmental sustainability and community welfare. These include weak law enforcement, lack of transparency and public participation at all stages of mining activities, inadequate mechanisms to ensure corporate social responsibility and environmental and post-mining reclamation, provisions that are not responsive to changing social and environmental conditions, further exacerbating the situation. This research uses a normative legal research method with an analytical approach to the provisions of laws and regulations based on facts obtained from secondary sources by paying attention to the credibility of these secondary sources. The main findings of the research reveal that environmental problems arise due to misalignment between mining laws and environmental laws. Environmental laws are not positioned as a command to mitigate the environmental impact of mining, and issues are further compounded by overlapping regulations on mining reclamation. The welfare of the community remains an unfulfilled promise, as environmental economic rights are increasingly eroded by the provisions in Article 162 of Law No. 3 of 2020. The rampant illegal mining activities further harm state finances, exacerbated by the absence of sophisticated infrastructure to monitor mining areas and potential sites in real time using satellite imagery. Additionally, inadequate distribution of corporate social responsibility (CSR) funds has left mining and affected areas without proper support, highlighting the urgent need for CSR regulations in the future be regulated at the legislative level. Furthermore, regulatory efforts to adopt green technology remain insufficient, with a lack of fiscal incentives and investment protection for companies committed to sustainable practices. The situation is further worsened by the lack of transparency in the mining sector, further exacerbates the situation as there is still no clear mechanism to ensure accountability or provide the public with access to crucial mining operation data. Based on the complex mining problems from multi-sectors, the regulatory reform framework must involve authorized government institutions and involve public participation in regulatory reform and the outcomes of the rules formed can accommodate the protection of public participation and protection of public rights in mining, respond to effective law enforcement and provide great contribution to the state, society, and global collaboration.
Legal Reform in Business Dispute Resolution: A Study of Legal Pluralism in Indonesia, Vietnam, and Thailand Kurniawan, I Gede Agus; Samsithawrati, Putu Aras; Dharmawan, Ni Ketut Supasti; Disantara, Fradhana Putra; Chansrakaeo, Ruetaitip
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.21128

Abstract

Legal pluralism in the resolution of business disputes in Indonesia, Vietnam, and Thailand illustrates the intricate interplay between the particular and the general elements of the national laws, international laws, and other legal systems, which allow for flexibility in resolving disputes, but at the same time brings problems for legal integration and certainty for the business people. This study examines the role of legal pluralism in the resolution of business disputes in Indonesia, Vietnam, and Thailand. Legal pluralism creates an interaction between national law, international law, and other legal systems, providing flexibility in dispute resolution while also posing challenges to integration and legal certainty for business practitioners. The research approach employed is a legal study focusing on literature regarding legal pluralism and business dispute resolution systems. The analysis method used is normative-qualitative, utilizing legislative, conceptual, and comparative methods. The research findings show that legal pluralism in business dispute resolution in Indonesia, Vietnam, and Thailand offers flexibility but also creates legal uncertainty. In Indonesia, the coexistence of civil, Islamic, and customary law leads to overlapping jurisdictions. Vietnam's state-controlled legal system incorporates arbitration and mediation but struggles with enforcing international awards. Thailand balances civil law with Buddhist-influenced mediation, favoring informal resolution but facing enforcement challenges. While legal pluralism enhances accessibility to justice, its effectiveness depends on legal integration and enforcement mechanisms to ensure certainty and fairness in business disputes.
The Comparative Study: Protecting Children’s Rights Through Law Reform of Restorative Justice in Juvenile Cases Ismail, Dian Ekawaty; Ahmad, Nadzriah; Mantali, Avelia Rahmah Y.; Moha, Mohamad Rivaldi; Machmud, Andika Wardhana
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.13724

Abstract

The high influence of the internet plays a role in the increase in criminal acts that use children as the main perpetrators. In legal involvement on the part of the child as a suspect, the law must consider the mental aspects of the child. Children who come into contact with the law are often confronted with the Juvenile Justice System (JJS). The judge’s decision following the trial can have negative effects on the child. Restorative Justice through the implementation of Diversion is a step that law enforcement officials can take to prevent children from facing trial situations. This study aims to examine the implementation of Restorative Justice in juvenile cases and analyze its role in shaping character and safeguarding children’s rights amid the challenges of the digital era. This research used normative legal research by examining literature studies from primary and secondary legal materials. The results of this research indicate that the implementation of Restorative Justice in juvenile cases can be carried out in the Pre-Adjudication stage (investigation and inquiry), Adjudication stage (prosecution and trial), and Post-Adjudication stage (execution of sentences). Meanwhile, the implementation of Restorative Justice in building character and protecting children’s rights can be achieved through the integration of restorative justice principles, including education and awareness, rehabilitation approach, active participation of children, involvement of victims, use of alternative sanctions, collaboration with experts, respecting children, and developing social and emotional skills.
Criminalization and Punishment Policies in Administrative Disciplinary Law: A Comparative Study of Criminal Law from a Societal Perspective Sharaf Addin, Eltayeib Hussein Mahmoud
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.16488

Abstract

This study aimed to explore how society perceives disciplinary law (DL) policies in comparison to traditional criminal law, particularly in terms of criminalization and punishment. To achieve this goal, data was collected through a questionnaire-based survey involving 137 specialized respondents. The survey offers insight into the various aspects of DL, including its clarity, fairness, and effectiveness in deterring administrative violations and promoting discipline. The results indicated that whereas DL seems effective and fair, urgent reforms are necessary, especially in aligning its procedures and sanctions with those of criminal law. Furthermore, the findings highlighted the need for more precise definitions of misconduct and improved procedural fairness to strengthen public trust and enhance the law’s deterrent effect. Statistical tests reveal that respondents’ opinions are not neutral, with a general consensus in agreement with the statements. The study’s findings highlight the pressing need to review and reform the DL structure to confirm fairness, consistency, and impressionability, thereby advancing immediate action.
Legal Reforms on Femicide in Indonesia: The New Criminal Code, Victim Protection, and the Role of Islamic Law Adyan, Antory Royan; Anditya, Ariesta Wibisono
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.18939

Abstract

Femicide, the killing of women based on their gender, is a grave issue with widespread societal implications. This phenomenon reflects the high level of gender-based violence and demands urgent attention from all sectors, including the government, legal institutions, and society at large. This study aims to examine femicide within the context of national law, victimology, and Islamic law, with a focus on the protection and justice for victims in Indonesia. This research utilizes normative legal methods by adopting statutory, conceptual and comparative approaches. The nature of this research is descriptive-prescriptive. The collected data is analyzed using content analysis method. The findings of this research indicate that Law No. 1 of 2023 on the Criminal Code regulates various forms of murder, including premeditated murder and serious maltreatment, with different sanctions. The articles in this law, while not specifically mentioning femicide, provide an important legal framework for prosecuting perpetrators of violence against women that leads to death. Despite not explicitly using the term “femicide,” these provisions establish a protective framework for women against extreme violence. Learning from countries such as Mexico, Spain, India which have clear femicide laws, can strengthen the legal framework in Indonesia, and integrating Islamic principles, such as the sanctity of life emphasized in Surah Al-Ma’idah verse 32, Surah An-Nisa verse 93, Surah Al-Isra verse 33, Surah An-Nisa verse 1, Surah Al-Baqarah verse 195, and Surah Al-Mumtahanah verse 8, with modern laws can further strengthen efforts to combat femicide. A holistic approach, including prevention, protection, and healing for victims, is essential to creating a safer environment for women and ensuring justice.
Legal Certainty on the Implementation of Post Mining Land Reclamation of Unlicensed Coal Mining as an Effort to Preserve the Environment in Indonesia Sonda, Suarni; Alqadri, Dinar; Reumy, Ludia Jemima I.R.; Bym, Ernita Rahmadhani; Fahd, Abo
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.19112

Abstract

Indonesia, as a country with potential natural resources such as coal, faces major challenges in tackling the negative impacts of unlicensed coal mining, including weak post-mining land reclamation. This research aims to examine government policies to overcome the problem of reclamation of unlicensed coal mines in Indonesia. The research method used qualitative research with a focus on analyzing regulations and cases of unlicensed coal mining. The results show that various government policies related to mine reclamation are regulated in laws and regulations. Still, the reclamation of unlicensed mines or illegal mines is not clearly regulated. However, it can be prosecuted as corruption crimes because it is considered detrimental to the state or becomes the responsibility of the government if the perpetrator is unknown; this adds to the problem of carrying out reclamation considering the large number of coal mining pits so that the government is difficult to carry out reclamation. Not only that, law enforcement against the implementation of unlicensed mining is still not optimal; existing regulations emphasize criminal sanctions and fines more than reclamation responsibilities. These findings indicate the need for government policies in the coal mining sector that emphasize legal certainty regarding the responsibility of coal mining actors who do not have permits or the government’s responsibility in carrying out reclamation needs to be strengthened by adding policies for reclamation of unlicensed mining land and more effective supervision and application of sanctions that emphasize reclamation responsibilities in order to achieve the goal of environmental sustainability.
Legal Aspects of State Asset Management: International Perspectives on Implementing State-Owned Property Law Syamsir, Syamsir; Nuriyatman, Eko; Bela Dhyta, Nova; Rahman, Rofi Aulia; Sitompul, Meline Gerarita
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.19296

Abstract

State asset management is a fundamental component of public financial governance, aimed at ensuring transparency, accountability, and efficiency. In Indonesia, the legal foundation for state asset administration is established under Law Number 1 of 2004 on State Treasury. In the context of globalization, aligning domestic regulations with international legal standards, such as the International Public Sector Accounting Standards (IPSAS), has become imperative. Discrepancies between national and international regulatory frameworks may result in legal inconsistencies, inefficiencies, and challenges in securing state assets abroad. This scholarly article employs a doctrinal legal research approach to evaluate the conformity of Indonesia’s legal framework with international standards. It identifies key challenges, including the inadequate implementation of IPSAS, deficiencies in technological infrastructure, and limited institutional capacity. Additionally, protecting state assets in foreign jurisdictions remains complex due to disparities in legal systems, bureaucratic constraints, and insufficient international legal cooperation. To address these challenges, Indonesia must reinforce its legal framework, integrate advanced technological solutions, and enhance cross-border legal collaboration. The adoption of internationally recognized best practices in state asset management will strengthen legal certainty, mitigate financial risks, and ensure compliance with global governance principles. This article contributes to the legal discourse by analyzing the complexities of state asset management in an increasingly interconnected world and proposing regulatory and institutional reforms to enhance its effectiveness.
The Contrarius Actus Principle: Legal Challenges and Prospects for Reform in Executing Administrative Court Decisions Pambudi, Lintang Ario; Hendriana, Rani; Kupita, Weda; Pati, Umi Khaerah
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.19655

Abstract

The failure to enforce state administrative court decisions with lasting legal force poses a challenge in Indonesia. Data indicates that merely 15 of 276 state administrative decisions were executed between 2013 and 2019. In 2020, statistics from the KPK, Bawas, and BPKP revealed that implementing state administrative court orders was insufficient, with an average completion rate of 34.92%. The 2021 annual report of the Ombudsman of the Republic of Indonesia documented 109 instances of non-compliance with unimplemented decisions. The research uses normative juridical methods with the addition of interviews to support existing data. This article examines the history, application, and challenges of contrarius actus, particularly in implementing state administrative court decisions. This research helps future researchers generate improvements or recommendations for state administrative court decision execution. The results show that contrarius actus originated from Roman law and is now an essential principle in state administrative law. Application of the contrarius actus in Indonesia’s administrative justice law provides for execution mechanisms without an institution or other party specialized in execution; administrative officials themselves must execute court decisions. A significant challenge in applying this principle in Indonesia is the failure of administrative officials to comply with court decisions. Despite the implementation of a merit-based system and elections aimed at selecting officials with integrity and lawfulness in filling administrative positions, many administrative officials violate court orders, making this enforcement of this concept difficult. To address this issue, it is recommended to maximize the role of the Ombudsman and state administrative courts in ensuring that administrative officials comply with legal decisions.
Palestine Under Attack: Humanitarian Principles in Case of Armed Conflict Romadhona, Mochamad Kevin; Kinasih, Sri Endah; Oktafenanda, Rachmat Dimas; Kim, Seokkyu
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.19692

Abstract

This research examines the application of International Humanitarian Law in armed conflicts and the involvement of countries in blockades to promote peace. It reveals that Humanitarian Law is enforced through the 1977 Additional Protocol, which governs international and non-international armed conflicts. The study also highlights Israel’s use of retaliatory Cast Lead operations in response to Hamas rocket attacks, which pose a threat to Israeli citizens’ safety. A narrative review is a research method that defines a topic, searches for relevant literature, organizes it, analyzes findings, and presents results in narrative form. It is suitable for broad overviews and provides flexible analysis. The ancient state of Israel, established by Shaul around 1025 BC, faced conflicts with the Palestinian nation, leading to the rise of groups like Fatah, Hamas, and the Palestine Liberation Organization. The Israeli Navy declared a blockade of the Gaza Strip in 2009, but the status of occupation remains questionable. International Humanitarian Law (IHL) is needed to protect victims affected by the conflict, and law enforcement mechanisms include diplomatic settlements, criminal investigations, and warnings. International Humanitarian Law is consistently respected and enforced, despite ongoing breaches, particularly in armed conflicts. Blockades, such as Israel’s infringement on Gaza, have resulted in widespread pain and loss of lives, highlighting the need for a more balanced approach to conflict resolution.
Law Reform of Insider Trading and Market Manipulation in Legal Offer (Go Public) Process Adhi, Yuli Prasetyo; Nugraheni, Prasasti Dyah; Sulistianingsih, Dewi; Rachmitasari, Diani Indah; Ma’ruf, Amar
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.20117

Abstract

The initial legal offering process or Public Company is the process of offering various securities in the shape from various shares owned by the Company to investors. The process from selling various securities in the shape from various shares owned by the Company consists of the process from offering various securities in the shape from various shares for investors, the process from giving various securities in the shape from various shares, which have been adjusted by orders from investors, and the process of listing the various securities in the shape from shares that have been sold on the stock exchange. Besides, the stage of selling various securities in the shape from shares owned by the Company consists of the stage from initial pertaining to the preparatory process for the sale of various securities in the shape from shares owned by the Company, the stage of registration application pertaining to Capital Market Supervisory Agency as institution whose task is for regulate and supervise activities in the capital market sector, the stage from share offering pertaining to investors, and the stage of listing from shares pertaining to the stock exchange market an institution whose job is to trade various securities in the shape from various shares owned by a Company to investors. In writing this article, the author uses the normative-juridical research method, which is a research method that is carried out using various sources of library law or secondary sources of law to find solutions to existing legal problems.

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