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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 17 Documents
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Search results for , issue "Vol. 6 No. 3 (2025): July, 2025" : 17 Documents clear
Personal Data Protection in Review of Legal Theories and Principles Supeno, Supeno; Rosmidah, Rosmidah; Iqbal, Syed Mohd Uzair
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.10252

Abstract

The abuse of personal data for certain interests and causing harm to other parties is often occur so that this raises concerns as a large community in conducting online transactions, in 2022 the President together with the Indonesian Parliament has enacted Law Number 27 of 2022 on Personal Data Protection (PDP) which aims to provide legal protection for the community against their personal data, this provides good hope to ward off various kinds of acts of misuse of personal data, the purpose of this study is to reveal the legal protection of customer data in online transactions after the legalization of personal data protection law seen from legal theory and how the personal data dispute resolution model is in line with the ultimum remidium principle. The type of research used is juridical-normative law using normative and theoretical approaches. The results showed that the protection of one’s privacy rights in online transactions is an embodiment of absolute right theory because the protection of privacy rights is a basic right that everyone must respect, the utilization of one’s privacy rights without the approval of the right owner is a violation of the law, the personal data dispute resolution model in the personal data protection law is not in following with the ultimum remidium principle, the personal data dispute by special organ with like such as the General Data Protection Regulation (GDPR) in the European Union, because it can resolve cross-border personal data cases.
Personal Data Protection in Political Party Information Systems in the Organization of General Elections: Concept and Law Reform Recommendations Rahim, Erman I.; Dukalang, Mohamad Afriyansyah; Tome, Abdul Hamid; Achir, Nuvazria; Ezzerouali, Souad
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.12942

Abstract

Exploiting citizens’ personal data by political parties within the Political Party Information System (SIPOL) database during the 2024 General Election has adversely affected the public. This paper examines the exploitation of citizens’ personal data by political parties via identity fraud from a legal standpoint, while also suggesting a framework for personal data protection and legal change. The primary aim is to offer conceptual proposals for safeguarding people’s personal data inside SIPOL and to suggest legal revisions to the Election Law and Political Party Law, therefore integrating requirements for personal data protection into the Personal Data Protection Law. This study utilized normative legal research methodologies, including a statute, case, and conceptual approach, to address the legal issues under examination. The research findings indicated that the illicit utilization of citizens’ personal data for political party membership adversely affects the individuals involved and constitutes a legal infraction. This article provides a framework for safeguarding people’s personal data within the SIPOL, alongside legal revisions to the Election Law and Political Party Law, which policymakers can address.
Inconsistency in the Formulation of Article 2 and Article 3 of Law No. 31 of Corrupt Practices Eradication Law and Disparity in Criminal Penalty for Mining Corruption in the Practice of Law Enforcement Suastuti, Eny; Minarno, Nur Basuki; Sufyan, Akhmad Farid Mawardi; Poernomo, Gatoet
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.19111

Abstract

This research discusses the transformation of understanding and law enforcement of the elements of Article 2 and Article 3 of the Corruption Eradication Law. The element against the law is Article 2 of the Corruption Eradication Law. In contrast, the element of abuse of authority is the core of the offense in Article 3 of the Corruption Eradication Law. Thus, it is inappropriate to indict the perpetrators of mining corruption with an alternative form of indictment between Article 2 and Article 3 of the Corruption Eradication Law. Inconsistencies in formulating the elements of the offense and the parameters of the article have resulted in disparities in punishment, errors in assessing the existence of abuse of authority by using unlawful parameters and mixing the application of the two articles. This can be viewed in several Supreme Court Decisions in mining corruption cases, where the elements and subjects of the offense are interchangeable. This research aims to study the inconsistent formulation of the elements of the offense in Article 2 and Article 3 of the Corruption Eradication Law, which has led to disparities in punishment in mining corruption cases. This study is conducted by analyzing several Supreme Court Jurisprudence. This research employs normative research with a statutory approach, concept approach, and case approach. The results of this study aim to provide a recommendation on the concept of against the law and abuse of authority in the Corruption Eradication Law.
Reformulation of Corporate Liability Implementation in Money Laundering Crimes Novian, Muhammad; Santoso, Topo; Nelson, Febby Mutiara
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.19999

Abstract

Money laundering crimes (ML) are currently committed not only by individuals but also by corporations. The provisions of Money Laundering Crimes (MLC Law) regulate corporations, specifically Limited Liability Companies (PTs). However, since the enactment of MLC Law, only five legally binding rulings have involved corporations as perpetrators of ML offenses. In these rulings, there are several errors in the application of law. These errors include the fulfillment of the benefit element only being met when there is an increase in wealth, overlooking other circumstances such as a decrease in liabilities that the company must pay or use for its operations. Furthermore, in another ruling, the panel rejected the additional criminal charge of dissolving the corporation, with the legal reasoning that MLC Law does not regulate corporate dissolution. There are several rulings in which limited liability companies (PTs) were named as suspects but were ultimately found not guilty because the element of intent to conceal or disguise the origin of assets derived from criminal offenses was not fulfilled. This paper then compares several ML cases that occurred in the UK involving PTs, reflecting on some of these cases. In this paper, the author propose several ideas for the application of MLC Law, particularly for PTs involved in ML offenses. The methodology employed is doctrinal research. The paper emphasizes the necessity of optimizing sanctions against corporations that violate the MLC Law, not only in their capacity as perpetrators of money laundering but also for failing to fulfill obligations stipulated under the law.
Legal Reform in Indonesia’s Natural Resource Exploitation: A Study of SOE Privatization and Corporate Responsibility Suherman, Suherman; Joesoef, Iwan Erar; Bakhtiar, Handar Subhandi; Kholiq, Abdul; Phuoc, Jeong Chun
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.20064

Abstract

The purpose of this study is to examine the exploitation of natural resources by State-Owned Enterprises (SOEs), particularly in forest management and mining, which do not contribute to the prosperity of the people. The scope of this research focuses on SOEs that control vital natural resources affecting the livelihoods of many people. This research employs a normative juridical method with a historical approach to privatization and an analysis of John Ruggie’s principles regarding Government and Private Responsibility for Human Rights (“Protect, Respect and Remedies”), as well as collecting data as library research.  The findings indicate that such exploitation is carried out by SOEs (with share-persero) as a result of the privatization in the 1980s and 1990s, leading to liberalization. The study of John Ruggie’s principles highlights the obligation of both the State and SOEs to prevent the exploitation of natural resources. The study concludes that the SOE engaged in resource management operate as “persero” entities, with shares partially owned by the private sector, leading to unfair business competition. Article 33 (2) and (3) of the Constitution mandates that natural resource management should be carried out by SOEs of which ownership is 100% by the State (“perum”) or through Cooperatives, as stipulated in Article 33 of the Constitution. The authors have proposed the liberalization results in the of SOEs (Persero), enabling private management, which raises concerns over monopolistic practices, unfair competition, and rationally impacts the potential of natural resources based on privatization and liberalization factors.
Law Reform in Parliamentary Democratization: A Comparative Study of Legislative Terms in Indonesia, Philippines, and the United States of America Mukhlis, Muhammad Mutawalli; Hariyanto, Hariyanto; Maskun, Maskun; Tajuddin, Muhammad Saleh; Yeyeng, Andi Tenri
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.20664

Abstract

The purpose of this study is to compare the taxation policies of legislative members’ terms of office in Indonesia with the Philippines and the United States, along with an analysis of the urgency of the legislative member’s term of office. The study methodology employed is normative legal research. The findings of the research show that the legislative member’s term of office has not been regulated in the Indonesian constitution because Law No. 17 of 2014 only regulates the length of office in one period. This is distinct to the Philippines, which establishes a term limit for legislative members, where the term of office of senate members is 6 years and may be re-elected twice, while the term of office for the House of Representatives is 3 years and can be re-elected in three terms. Meanwhile, in the United States, there is also no regulation regarding the taking of terms of office, only the term of office of legislative members in the United States is only 2 (two) years each period, while in Indonesia it is quite long, namely 5 (five) years.
Legal Reform in Political Party Financing in Nigeria: Strengthening Frameworks and Enhancing Enforcement Mechanisms Esavwede, Jenigho Philip; Gasiokwu, Peter Ikechukwu; Antai, Godswill Owoche
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.20837

Abstract

Political party financing remains a critical issue in Nigeria’s democratic governance, with weak enforcement of electoral laws facilitating corruption, undue political influence, and electoral malpractice. While Nigeria possesses a robust legal framework, enforcement inefficiencies and regulatory loopholes undermine financial transparency and accountability in political processes. This paper critically examines the existing legal framework governing political party financing in Nigeria, particularly the 1999 Constitution and the Electoral Act 2022, and advocates for comprehensive reforms to enhance compliance mechanisms. Adopting a doctrinal research methodology, the paper analyses statutory provisions, judicial precedents, and international best practices to identify key areas for legal and institutional improvements. The findings reveal that effective enforcement is hindered by political interference, inadequate regulatory oversight, and outdated legal provisions. To address these challenges, this study recommends targeted reforms, including strengthening the financial disclosure obligations of political parties, increasing penalties for violations, and establishing an independent electoral finance monitoring unit within the Independent National Electoral Commission (INEC). By aligning Nigeria’s framework with global best practices, these reforms will promote greater transparency, accountability, and fairness in the country’s political finance system.
Legal Reform in Customary Marriage Law in Indonesia and South Africa for Inclusive Justice Febrianty, Yenny; Ryendra, Nadya Restu; Ahmad, Asmida; Ariyanto, Ariyanto
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.20896

Abstract

Customary law shapes South African and Indonesian culture and society. However, adopting customary marital law into national legal systems is difficult. These include value conflicts between regional traditions and positive law’s universal principles, such as recording marriages, protecting children, and ensuring gender equality. Within Indonesia’s legal system, customary law practices are not well accommodated. Customary law is acknowledged under South Africa’s constitution, however its application is fraught with difficulties. This study aims to (1) comprehend positive law and its correlation with customary marriage law, (2) analyze the difficulties of integrating customary marriage law with positive law in South Africa and Indonesia, and (3) evaluate the future prospects of this domain. The study’s findings and suggestions might foster a more equitable society and promote legislation that honors universal ideals and traditional customs. This comparative and qualitative study use normative legal techniques to analyze pertinent literature, legal concepts, and norms. This paper highlights the main barriers to merging positive and customary marriage legislation. Examples are administrative obstacles like marriage registration and customary norms that conflict with human rights. The proposed framework respects traditional values to uphold human rights and social fairness. Keywords include normative marriage law, positive law, social justice, gender equality, and legal integration.
Legal Reform of the Division of Authority for Mining Affairs: Balance between Regional Autonomy and National Interests Hadi, Syofyan; Fikri, Sultoni; Riqiey, Baharuddin; Rustambekov, Islambek
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.20947

Abstract

This study aims to analyze and find the legal reform of the division of authority for mineral and coal mining affairs between the Central Government and Regional Governments, so that a regulatory model can balance the principle of regional autonomy and national interests. This research is a normative legal research with a statute, conceptual, and case approach. This study found that after Law No. 3 of 2020 and Law No. 6 of 2023, there was a centralization of mineral and coal mining affairs, which led to the creation of injustice and legal uncertainty for autonomous regions. These regulations, from the perspective of balancing the principle of regional autonomy and the principle of national interests, need to be reformed trough the division of mineral and mining affairs between the Central Government and the autonomous regions based on the principle of justice by using the principles of externality, accountability, and efficiency. Meanwhile, the Central Government can use the principle of national strategic interests for several mineral and coal mining sub-affairs. In Addition, the delegation authority model should be removed and Article 18 paragraph (5) of the 1945 Constitution of the Republic of Indonesia needs to be amended, so that the division of government affairs provides justice and legal certainty for autonomous regions.
Reformulation of Law Decision Bias on Restitution Payments in Sexual Violence Crimes (Comparison of Indonesia and The Netherlands) Panusunan, Panusunan; Widyawati, Anis; Sulistianingsih, Dewi; Nababan, R. Kemala
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.22109

Abstract

Sexual violence is an increasingly prevalent crime in Indonesia. Article 16 of Law Number 12 of 2022 on Criminal Acts of Sexual Violence states that, in addition to imprisonment, fines, or other criminal penalties as outlined in the Law, the judge is required to determine the amount of restitution for criminal acts of sexual violence that carry a sentence of four years in prison or more. One form of compensation available to victims of the criminal acts of sexual violence is restitution payments made by the defendant. However, many Panels of Judges still deny cases of the criminal acts of sexual violence restitution, particularly in verdicts where the defendant faces a four-year sentence or more. Several reasons explain why judges do not determine restitution payments by the defendant to the victim: the first is bias regarding the amount of compensation for victims in the judge’s decision; the second is that the request for payment restitution must be formally submitted; and the third concerns how to reformulate the determination of restitution in sexual violence cases (a comparison of Indonesia and the Netherlands).

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