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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 16 Documents
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Search results for , issue "Vol. 6 No. 4 (2025): October, 2025" : 16 Documents clear
Legal Reform on Indonesia’s Carbon Trading Regulation: Implementation and Harmonization of International Law Yoel, Siciliya Mardian; Priyono, F.X. Joko; Samekto, F.X. Adji; Nurbani, Erlis
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.20009

Abstract

Carbon trading is a system where companies can buy and sell carbon credits, with each credit allowing the emission of a specific amount of greenhouse gases. The Indonesian government has introduced new regulations to support carbon trading, but these need to fit seamlessly with existing international regulations due to Indonesia’s active participation in the carbon trading agreement. This research has two goals: first, to examine how comprehensive Indonesia’s carbon trading regulations align with international frameworks such as the Paris Agreement and the Kyoto Protocol. And second, to identify and assess challenges and opportunities in harmonizing Indonesian laws with these global standards. This research uses normative legal research by assessing primary, secondary, and tertiary legal materials, such as international agreements, Indonesia’s laws, previously published works in the areas, and other legal documents. This method is combined with case studies from different countries. This approach will help identify successful strategies and pitfalls in carbon trading, offering valuable insights into what works and what does not. The expected outcome is a comprehensive understanding of how Indonesia’s carbon trading regulations align with international standards. It will also assess the efficacy of the current system works and suggest improvements to enhance its effectiveness. Indonesia’s approach to incorporating international treaties into national law is not entirely clear-cut, exhibiting elements of both monism and dualism. However, there is a tendency towards dualism, where international treaties must be transformed into national regulations to be effectively applied and used as a legal basis in judicial decisions. While carbon trading is a key mechanism in international climate agreements, it faces significant criticisms and challenges, particularly regarding environmental justice.
Legal Reform in Interfaith Marriage Under Supreme Court Circular No. 2 of 2023 Miqat, Nurul; Salam, Safrin; Adfiyanti, Adfiyanti; Ibrahim, Kayode Muhammad; Hassan, Abidemi
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.20972

Abstract

Human nature, being composed of different genders—men and women—naturally drives the attraction and union through marriage, fulfilling the desire to live together. As outlined in Article 1 of Marriage Law No. 1 of 1974, marriage is a physical and emotional bond between a man and a woman as husband and wife, intended to establish a happy and lasting family founded on the principles of God Almighty. Marriage, therefore, holds religious significance, uniting a man and a woman as husband and wife. This study examines the Supreme Court’s decision prohibiting court rulings on interfaith marriages. Using normative research methods, the study analyzes Article 2, Paragraph 1 of the Marriage Law, which states that a marriage is valid if conducted according to the laws of each religion and belief. In response to ongoing debates and increasing pressure due to granted applications for interfaith marriage registration by district courts, the Supreme Court of Indonesia issued Supreme Court Circular Letter No. 2 of 2023. This circular guides judges in adjudicating interfaith marriage applications. The issuance of the circular aims to resolve the controversy surrounding interfaith marriages, which have led to various legal and social issues. Previously, judges based their decisions on Law No. 23 of 2006 on Population Administration, leading to the approval of interfaith marriage applications. However, with SEMA No. 2 of 2023, a clear directive has been established to prevent legal uncertainty and ensure uniformity in court rulings regarding interfaith marriages.
Legal Reform in Space: Navigating the Future of Cosmic Mining Regulations Putro, Yaries Mahardika; Tarigan, Muhammad Insan; Al Asyari, Haekal
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.21166

Abstract

The rapid advancement of space technology and the increasing demand for natural resources have heightened interest in extraterrestrial resource extraction, particularly Helium-3 from the Moon. However, space mining is contentious in international law, as only a few nations currently have the capability to extract these resources. This raises concerns among emerging space actors, like Indonesia, about equitable benefit-sharing as outlined in the Outer Space Treaty (OST). The Moon Agreement aimed to create a legal framework for lunar resource utilization, but its effectiveness is limited due to the lack of ratification by major spacefaring nations. This situation has sparked international debate on whether current space law adequately governs space mining or if legal reform is needed to ensure fair access and sustainable development. The absence of a universally recognized regulatory regime, akin to the seabed mining framework under the United Nations Convention on the Law of the Sea (UNCLOS), complicates the issue further. This paper uses a normative juridical method to explore the legal challenges of space mining, especially from the perspective of emerging space actors. Without a comprehensive regulatory framework, unchecked exploitation of lunar resources could lead to severe environmental consequences and exacerbate disparities in access to space resources. Legal reforms are necessary to promote sustainability and equitable participation, limiting the dominance of spacefaring nations and protecting the rights of emerging space actors in the expanding space economy.
Strengthening The Coordination Function of The Forestry Ministry: Legal Reform in The “Merah Putih” Cabinet For Modern Bereaucracy Rahmi, Elita; Fitria, Fitria; Nuriyatman, Eko; Yuwono, Teguh; Toscany, Afrizal Nehemia
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22067

Abstract

This study aims to evaluate how the coordination function of the Ministry of Forestry has been strengthened following its separation from the Ministry of Environment. This separation seeks to ensure that the Ministry of Forestry does not cultivate sectoral egos that hinder forest conservation efforts in Indonesia, thereby promoting a modern bureaucracy, mutual oversight, and balanced management of forestry as a crucial and strategic government priority, especially in light of the ongoing transition of forests to non-forestry uses since the reform era. Weak coordination can significantly affect forest protection, which is inherently tied to legal and justice issues. The “Merah Putih” Cabinet is the most significant cabinet since the New Order Era through the reform era, likely resulting in numerous vertical and horizontal coordination challenges that could obstruct the effective management of various tasks, functions, and ministerial roles. This research employs a normative juridical method with legislative, conceptual, and historical perspectives. In conclusion, there is a need to evaluate internal and external strengthening among ministries. The structure of an independent forestry ministry is not adequately aligned with its responsibilities and functions in managing Indonesia’s forest resources and potential natural wealth as a prosperous nation. It is vital to assess the role of the coordinating minister overseeing the Ministry of Forestry, as placing forestry issues under the Coordinating Ministers for Food, Maritime Affairs, and Economic Affairs does not sufficiently address forestry challenges, which are more related to the laws governing the conservation of living organisms and their intact, integrated ecosystems.
Overcapacity in Indonesia’s Prisons: The Role of Criminal Law Reform in Sustainable Solutions Prabawani, Riski Dysas; Pujiyono, Pujiyono; Roikardi, Dodi
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22172

Abstract

Overcrowding is an unresolved problem occurred in Indonesia. So far, most criminal acts are threatened with a criminal sentence in the form of imprisonment. The reform of this Indonesian criminal law has been realized with the enactment of Law Number 1 of 2023. This research aims to examine the contents of Law Number 1 of 2023 concerning the Criminal Code as an update to the Criminal Code/Wetboek van Strafrecht (WvS), which has been in force in Indonesia. This is the doctrinal research with a conceptual and comparative approaches. The findings show that the revised Criminal Code introduces a novel approach to criminal law by explicitly outlining the objectives and guidelines for punishment, thereby directly influencing law enforcement practices. Furthermore, this new Criminal Code also provides alternative sanctions other than imprisonment.
Sexual Violence Offenses in Child Forced Marriage Due to Extramarital Pregnancy Nashriana, Nashriana; Samawati, Putu; Flambonita, Suci; Novianti, Vera; Hassan, Muhamad Sayuti
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22256

Abstract

The enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (TPKS Law) categorizes child marriage as a form of sexual violence (Article 4 in conjunction with Article 10), allowing for criminal penalties against the perpetrators. However, the TPKS Law does not provide clear criteria for defining child marriage, making its implementation challenging. This research employs a normative method, utilizing a statute approach, conceptual approach, and case approach. In several urban cases, child marriage occurs due to extramarital pregnancies, which are often used as justification by parents to compel their children to marry-despite the child’s unwillingness. The primary reason given is to preserve the family’s honor. Judges typically approve marriage dispensation requests submitted by parents based on the notion of the common good. Such approvals reinforce the assumption that the marriage is consented to by the child, even when the child actually has no other options. In many instances of child marriage, husbands frequently abandon their wives after the marriage ceremony, as their primary motivation for marrying is not to assume responsibility as husbands and fathers. This situation exacerbates the wife’s condition, forcing her to bear the responsibilities of parenthood alone while facing societal stigma. This qualitative prescriptive legal analysis identifies variables that can be used to determine whether a forced marriage can be regarded as sexual violence. These variables also aim to provide certainty in the fair enforcement of the law, particularly for young women, who represent a vulnerable group.
Hybrid Model of Personal Data Protection for Consumers in Digital MSMEs: A Comparative Study of Indonesian and China Regulations Hetharie, Yosia; Ikhwansyah, Isis; Rahmawati, Ema; Soplantila, Valentino Dinatra
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22388

Abstract

The protection of consumers’ personal data in digital MSME (Micro, Small, and Medium Enterprises) businesses poses a significant challenge in the era of digital transformation, particularly amid the rising cases of data breaches in Indonesia. Although Law No. 27 of 2022 on Personal Data Protection (PDP Law) has come into effect, its implementation still faces numerous obstacles, especially for MSMEs that are limited in terms of resources and technological understanding. By comparison, China, through its Personal Information Protection Law (PIPL), enforces strict supervision combined with AI-driven compliance technologies. This study aims to analyze the effectiveness of personal data protection frameworks in Indonesia and China and to propose a hybrid model that integrates government regulations with technological solutions. The research employs a normative juridical method using statutory, conceptual, and comparative law approaches, relying on secondary data such as regulations, academic journals, and policy documents. The findings indicate that adopting a hybrid model for the protection of consumers’ personal data in digital MSME businesses could serve as an effective solution. This model merges a compliance-based approach, as adopted under Indonesia’s PDP Law, with the strict oversight mechanisms implemented under China’s PIPL. By adapting mechanisms such as mandatory registration, periodic audits, and technology-based compliance incentives, Indonesia could enhance transparency, accountability, and data security within its digital MSME ecosystem.
Reforming Social Rights for International Refugees in Indonesia: Towards Enhanced Welfare and Legal Protection Kusumo, Ayub Torry Satriyo; Erdiyasa, Grishafa Anggita; Nethania, Etta; Widyawati, Anis; Rahayu, Sri Lestari
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22778

Abstract

Refugees constitute a highly vulnerable population, frequently exposed to severe human rights violations or neglect. Refugees are often undergone variable restrictions like on speech, travel, education, and economic activities. Particularly at risk are their rights to decent work, livelihoods, and access to education for children. The inability to secure dignified work profoundly exacerbates the challenges in fulfilling educational rights within refugee communities. This article investigates the systemic vulnerabilities leading to the potential violation of these critical social rights for international refugees in Indonesia. As a nation that has not ratified the 1951 Convention on the Status of Refugees, Indonesia operates without a comprehensive domestic legal framework explicitly governing refugee social rights. Nevertheless, its responsibilities as a member of the global community, coupled with inherent humanitarian principles, morally and ethically obligate the protection of these fundamental rights. Drawing on comparative legal analysis and good practices from other nations, this paper aims to identify specific areas for legal and policy reform in Indonesia. These reforms are crucial for providing adequate protection for refugees’ rights to work and education, within the practical capabilities of the state, and without compromising the security and public order rights of its citizens. Ultimately, this research underscores the urgent need for domestic legal reform to enhance refugee welfare and ensure their human dignity in Indonesia.
Green Ecology Questionnaire (GEQ) Based on Understanding of Cosmic Religious Environmental Law Rahayu, Mella Ismelina Farma; Susanto, Anthon Freddy; Sudiro, Amad
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.29380

Abstract

The current environment has been exploited without consideration or regard for sustainability and ecological balance. Forests have been plundered and burned, natural resources have been depleted without any effort to replenish them, and development in many cities has ignored spatial planning. All of these actions have ultimately resulted in severe environmental degradation. The decline in the carrying capacity and capacity of the environment, pollution and destruction of the environment, climate change, deforestation, and damage to terrestrial and marine ecosystems have become serious threats to the survival of humans and other living creatures. The issue examined in this paper is how to revive public understanding and awareness (participation) of the law in preserving the function of the environment. This paper uses a philosophical and legal hermeneutic approach, which is to look at the fundamental side using the method of text criticism, which refers to how the grand discourse on environmental law is criticized through several main references. Through this approach and method, it is hoped that the Green Ecology Quitionent (GEQ) model concept can be developed based on cosmic religious environmental law. Cosmic religion is a fundamental concept of diverse local wisdom possessed by Indonesian society. This model concept is expected to become a reference or starting point for the development of environmental policy, environmental education, law enforcement, management, and preservation of environmental functions in Indonesia.
Digital Transformation With the Impact of AI in Government Decision Making Busroh, Firman Freaddy; Khairo, Fatria; Niravita, Aprila; Nunna, Bhanu Prakash
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.30339

Abstract

This abstract reviews digital transformation in the context of government decision making with respect to the impact produced by AI and the implications for constitutional law. Digital transformation has become the main driver in the industrial revolution that has swept across various sectors, including the government. The presence of AI in the governmental decision-making process provides an increase in efficiency, accuracy, and responsiveness in answering the complexity of the problems faced. However, the presence of AI in government decision making raises a number of legal questions that need to be taken into account. These issues are related to transparency, accountability, privacy, and fairness in applying the AI technology by the government. In the context of constitutional law, adjustments and improvements of regulations need to be made to accommodate the new dynamics introduced by digital transformation with the existence of AI. Therefore, it is important to undertake efforts to understand and predict the impact of AI in decision making by the government and its implications on constitutional law to direct the development of inclusive and sustainable public policy in this digital era.

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