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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 12 Documents
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Search results for , issue "Vol. 7 No. 1 (2026): January, 2026" : 12 Documents clear
Legal Protection and Certainty of Land Ownership in Post-Disaster Recovery: Evidence from Indonesia, Spain, and Oman Maisa, Maisa; Nafri , Muh; Amri, Amriana; Alejandro, Sergi Fernandez; Ezzerouali, Souad Ahmed
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.19431

Abstract

This study investigates the legal protection and certainty of land ownership in post-disaster recovery, with a comparative focus on Indonesia, Spain, and Oman. It particularly examines the aftermath of the 2018 earthquake, tsunami, and liquefaction in Central Sulawesi, Indonesia, and contrasts it with recovery efforts in Spain and Oman. Using a descriptive empirical legal approach, the study explores the legal protections for disaster victims, the restoration of land ownership, and challenges in rebuilding. In Indonesia, the 2018 disaster in Petobo Village is analyzed through Governor Regulation No. 10 of 2019, which governs post-disaster rehabilitation and reconstruction. The law stipulates the rights to land restitution and housing reconstruction; however, delays in permanent housing construction have hindered the realization of victims’ rights. In Spain, the recovery from the 2011 earthquake in Lorca is examined under the Royal Decree 307/2005, which regulates compensation for victims of natural disasters. Despite the law’s aim to safeguard land rights and accelerate recovery, significant delays occurred in land restitution and compensation for affected property owners. In Oman, the Land Expropriation Law (Royal Decree No. 6/2008) and Cyclone Gonu Recovery Law provide mechanisms for land distribution and compensation, but challenges arose due to incomplete property registration and inconsistent enforcement, which delayed recovery efforts. By comparing these legal frameworks, the study highlights the differences in land governance and proposes recommendations for strengthening legal protections and ensuring faster, more efficient recovery in post-disaster contexts.
Reforming the Roots: Can Legal Challenges Transform the Crude Palm Oil Industry in Indonesia and Malaysia? Hamzah, Rosyidi; Adinda, Fadhel Arjuna; Prasja, Teguh Rama; Shukur, Mohd Izzat Bin Mohd Abd; Wiriatma, Dodo Wiradana
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.22161

Abstract

The crude palm oil (CPO) industries in Indonesia and Malaysia, two of the world’s leading producers, are confronted with persistent legal challenges concerning environmental sustainability, land tenure, and labor rights. Even though there is more global attention and pressure for sustainable production, the laws and regulations in Indonesia and Malaysia are still disorganized and often not strong enough to address the negative environmental and social effects of the crude palm oil industry. This paper critically examines the effectiveness of existing legal instruments and resommends comprehensive, enforceable reforms to align national practices with evolving global sustainability standards. This paper analyzes the legal challenges within the CPO sector and explores potential law reforms to enhance the industry’s sustainability and ethical standards. By conducting a comparative analysis of Indonesian and Malaysian legal systems, the study identifies gaps in regulatory enforcement, the role of multinational corporations, and the influence of international trade agreements. The urgency of this research is underscored by escalating environmental degradation, human rights violations, and the growing demand for corporate accountability—issues that threaten the long-term viability of the CPO industry. The global shift towards sustainable sourcing has intensified scrutiny of palm oil production, highlighting the need for robust legal reforms to balance economic growth with environmental and social responsibility. This research not only helps clarify the current legal landscape but also provides critical recommendations for reforms that align the industry with global sustainability goals. By exploring both countries’ legal practices, the study aims to serve as a catalyst for policymakers, legal practitioners, and industry stakeholders to rethink and reshape regulatory frameworks, ensuring a more sustainable and equitable future for the CPO industry.
Unwise Criminal Environmental Law Policies In Protecting Aceh’s Customary Forests From Destruction Natsir, Muhammad; Ferdi, Ferdi; Din, Muh.; Nasution, Akmal Handi Ansari; Ulya, Zaki
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.22464

Abstract

This study critically examines the ineffectiveness of environmental criminal law policies in protecting Aceh’s customary forests from ongoing destruction. Although Indonesia has established a comprehensive legal framework for environmental protection, deforestation within customary forest areas in Aceh persists, indicating weaknesses in policy implementation and enforcement. This research aims to analyze the structural and normative factors that render environmental criminal law policies ineffective, particularly the lack of integration between state law and Aceh’s customary law. Employing a qualitative socio-legal approach, this study draws on statutory analysis, literature review, in-depth interviews, and field observations within customary forest areas in Aceh. The findings reveal that weak intergovernmental coordination, limited recognition of indigenous forest rights, inadequate law enforcement capacity, and minimal utilization of monitoring technology contribute significantly to forest degradation. Furthermore, the disconnect between formal environmental criminal law and customary forest governance undermines community participation and legal effectiveness. This study argues that current policies remain “unwise” because they prioritize punitive approaches without incorporating customary law values and restorative ecological justice. As a policy solution, the study proposes an integrative framework that harmonizes environmental criminal law with Aceh’s customary law, supported by restorative sanctions and technology-based forest monitoring systems. Strengthening indigenous participation and aligning national regulations with local legal traditions are essential to enhancing legal effectiveness and sustainable forest governance. This research contributes to environmental legal scholarship by offering a contextualized model of pluralistic environmental criminal law reform in Indonesia.
Reconstruction of the Principle of Proportionality in Contract Law within the Palm Oil Plantation Sector Sayuti, Ageng Triganda; Nurdin, Zefrizal; Rembrandt, Rembrandt; Syofiarti, Syofiarti
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.36219

Abstract

This paper investigates the urgent need to reconstruct the principle of proportionality within contracts for palm oil partnerships, where structural power imbalances, information asymmetry, opaque financing arrangements, and unilateral sanction mechanisms systematically disadvantage plasma smallholders. The study aims to identify the fundamental factors that hinder the effective application of proportionality in oil palm partnership and to formulate an operational framework capable of ensuring contractual justice within highly asymmetric agribusiness relationships. Employing a normative juridical method complemented by conceptual, comparative, and socio-legal approaches, this research analyses Indonesian contract law, institutional practices, and international regulatory models drawn from Malaysia, Thailand, and India. The findings reveal that the proportionality principle in Indonesia remains largely abstract and lacks enforceable parameters, enabling exploitative contractual clauses such as undisclosed deductions, disproportionate risk distribution, and one-sided penalties to persist in nucleus plasma schemes. Comparative insights demonstrate that proportionality can be translated into practice through mandatory disclosure obligations, standardized minimum clauses, equitable risk-sharing mechanisms, contract registration, and accessible local dispute-resolution systems. The principal novelty of this study lies in proposing a three-pillar operational model of proportionality substantive, procedural, and sanction-based integrated with institutional governance reforms and community empowerment strategies. The paper concludes that reconstructing proportionality requires both normative refinement and structural intervention across negotiation processes, corporate procurement practices, evidentiary mechanisms, and state oversight. This integrated framework provides a concrete basis for embedding substantive justice within palm oil agreements and strengthening legal protection for structurally weaker parties.
Asset Seizure as an Effort to Recover State Assets Resulting from Criminal Corruption Nugroho, Hibnu; Budiyono, Budiyono; Ramadhani, Setiawan; Rantau, Palupi; Barkhuizen, Jaco
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.40778

Abstract

This research analyzes the effectiveness of asset forfeiture for corruption crimes in the Purwokerto District Prosecutor’s Office jurisdiction and designs future legal mechanism reconstruction using empirical juridical Research and Development (R&D) approach. Background reveals Indonesia’s Corruption Perceptions Index (CPI) stagnation at score 37 (rank 99/180 countries) in 2024, state losses Rp45.7 trillion versus <6% asset recovery, stalled Asset Forfeiture Bill in 2025 Prolegnas, and systemic in personam failure (KUHAP Article 39). Findings show Purwokerto effectiveness <50% due to systematic asset diversion patterns to family/third parties, post-verdict temporal gaps, weak Kejari-BPN-bank-PPATK coordination, forensic asset HR deficits, and LHKPN digital technology gaps. Emblematic cases Hendy Boedoro, Surya Darmadi, plus local PNPM Kedungbanteng-CV Jasa Pembangunan illustrate structural weaknesses. Reconstruction proposes Non-Conviction Based Asset Forfeiture (NCB) praconviction, dual track model PNS (Conviction Based via LHKPN) vs private sector (60-day reverse burden of proof), integrated IT platform AI forensic-blockchain land certificates, 20 prosecutors/kejari Asset Task Force, 24-hour inter-agency SLA, UNCAC harmonization 50 bilateral MoUs, and three-pillar political law with real-time transparent dashboard. 70% recovery target within 36 months realizes Peter Alldridge’s “crimes does not pay” doctrine, transforming Indonesia’s corruption law enforcement to global standards.
Legal Paradigm Shifting Rural Credit Bank of Indonesia (BPR) to Enhance Indonesia Banking in the Global Market: A Normative Legal Study Ningsih, Ayup Suran; Fidiyani, Rini; Haryakusuma, Adil Putra; Nion, Norhaini Binti; Wardhani, Harumsari Puspa
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.20687

Abstract

The development of regulations resulting from the Financial Sector Development and Strengthening Act (P2SK Act) has changed the acronym of the People’s Credit Bank to the People’s Economic Bank, which, of course, changes the needs of today’s society. This research also aims to analyze the extent to which the government adapts to technological and informatics developments through progressive regulatory updates as evidenced by the emergence of new financial regulations, namely the P2SK Law. The research method used in this study is a comparative approach that analyzes the comparison of credit lending institutions before and after the P2SK Law. The analysis applied in this research is the Qualitative Method of Comparative Analysis Model, which compares two objects under study based on the author’s framework of thought. This normative-empirical legal research is studied based on regulations and examined based on social empirical facts in the field. The data processed comes from literature studies of previous studies collected and analyzed by the author. The results of this study interpret that the monetary and real sectors are integrated with regulations created by the government, which are mutually compatible. Regulatory updates must also follow the rapid development of the times in the economic sector, which is the main factor supporting the prosperity of a country. The substance of the new regulations of the P2SK Law is also adjusted to the needs of the community through the functions and principles of the People’s Economic Bank itself.
Promoting and Regulating Cellular Agriculture in Malaysia and Indonesia: Analysing the Adequacy of the Regulatory Framework Hasmin, Nor Akhmal; Tarigan, Vita Cita Emia; Yulida, Devi
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.23488

Abstract

Cellular agriculture is a nascent manufacturing technology that holds significant potential to strengthen global food security. Globally, the number of food manufacturing companies producing food using cellular agriculture is rapidly increasing. Products of cellular agriculture are also available for consumers in the marketplace.  Hence, the objective of this study is to analyse the extent to which the food regulatory framework in Malaysia and Indonesia is ready to promote and regulate products and activities of cellular agriculture. The analysis is essential as cellular agriculture poses opportunities and regulatory challenges. Despite the benefits, it also poses potential safety and health risks to the consumers, owing to its novelty. This study adopts a doctrinal legal analysis by analysing the adequacy of the current food regulatory framework, i.e., national food policies and legislation in Malaysia and Indonesia. It is found that cellular agriculture is not part of the national food policy and food regulatory framework in Malaysia and Indonesia. Both jurisdictions are lacking regulatory preparedness to embrace the presence of products of cellular agriculture in the marketplace. Hence, there is a need to reform the current food regulatory framework. Such reform includes the formulation of national policy for cellular agriculture to promote the adoption of cellular agriculture in food manufacturing. The current food safety legislation also needs to be amended to incorporate the provisions to regulate the safety aspects.
Integrating AI into Small Claims Courts: Lessons from Global Practices for Legal Reform in Indonesia Satrio, Dwi Bintang; Artaji, Artaji; Fakhriah, Efa Laela; Yassine, Chami
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.24028

Abstract

Indonesia’s civil judicial system persists in facing procedural inefficiencies, especially with small claims, notwithstanding the implementation of the e-Court system. The lack of intelligent assistance in this digital infrastructure obstructs the achievement of efficient, rapid, and cost-effective adjudication as required by law. This study seeks to investigate the potential incorporation of artificial intelligence (AI) into Indonesia’s small claims process as a tool for legislative and institutional change. The research used a normative legal methodology, incorporating statutory and comparative analyses, to derive insights from the regulatory frameworks and judicial innovations of China, Singapore, and Canada. These jurisdictions have effectively utilized AI for claim classification, procedural assistance, and facilitating access for self-represented litigants, according to the results. In contrast to traditional digital technologies, AI facilitates cognitive capabilities like pattern identification and legal triage, which can substantially reduce administrative burdens and improve judicial uniformity. The study presents a reform approach for Indonesia that integrates AI in the initial procedural phases—specifically in claim registration and preliminary review—while maintaining judicial independence and due process. This study’s originality resides in its integration of comparative law, legal technology, and Indonesian procedural realities to present a contextually relevant, ethically informed paradigm for AI-enhanced adjudication. If properly regulated and strategically implemented, this integration can convert small claims courts into more accessible, efficient, and equitable institutions, reinforcing the judiciary’s constitutional responsibility in providing substantive justice.
A Juridical Perspective On Press Ethics in Reporting the Identity of Child Victims of Immorality: Between Public Interest and Children’s Rights Susanto, Joko; Masyhar, Ali; Widyawati, Anis
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.30638

Abstract

Proper journalism in the reporting of child victims of immorality requires a strict ethical approach to protect the rights of victims and maintain the function of the press in conveying the truth. This article discusses important aspects such as victim protection, privacy rights, journalistic codes of ethics, and the role of the media in society. Through normative juridical analysis and descriptive research involving desk research and interviews with journalists, this article highlights the importance of striking a balance between freedom of speech and the social responsibility of the press. When covering sensitive issues like child sexual abuse, the press must uphold individual rights. We must adhere to the Journalistic Code of Ethics to ensure that the news does not violate the rights of victims. The role of the Press Council and law enforcement officials is crucial in enforcing the law, sanctioning violators, and ensuring justice for all parties. Analysis of the news indicates that there are still violations in the form of disclosing the identity of child victims, which should be kept confidential to protect their right to privacy and honor. This study confirms that safeguarding the honor and rights of victims, as well as supporting fair law enforcement and strict supervision of media practices, can create a responsible information environment. The findings provide an important reference for policymakers, media practitioners, and academics in improving the quality of ethical journalism that respects the rights of child victims of violence.
A Comparative Study of Electronic Commerce ODR: Legal Challenges and Reform Perspectives in China and Indonesia Xiangbin, Zuo; Dahlan, Nur Khalidah; Ahamat, Haniff
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.32326

Abstract

This article examines the differentiated development paths of Online Dispute Resolution (ODR) systems in China and Indonesia, two core digital economies in ASEAN. China has established a centralized ODR framework through its “E-commerce Law,” which strengthens the enforcement of awards via a judicial coordination model. However, the exclusion of ad hoc arbitration in the “Arbitration Law” limits the effectiveness of platform autonomous awards (internal platform rulings). In contrast, Indonesia relies on platform autonomy, with platforms such as Tokopedia handling disputes. However, enforcement issues for mediation agreements arise from the absence of central legislation, fragmentation of jurisdiction across islands, and the failure of the Arbitration Law to recognize temporary arbitration (ad hoc arbitration). Shared challenges faced by both countries include barriers to mutual recognition of cross-border rulings, lack of technical standards, and privacy protection conflicts due to data localization policies. This article provides several policy recommendations: China should amend the Arbitration Law to recognize the validity of temporary arbitration and establish a national ODR data center to streamline the judicial confirmation process. Indonesia needs to quickly set up a central judicial certification center to make sure that all of its outer islands follow the same rules. This can be done by changing the E-commerce Law and the Arbitration Law. At the regional level, ASEAN should learn from the EU’s ODR platform by creating a system that recognizes certain cross-border rulings and setting up a data exchange center that balances Indonesia’s data storage needs with Singapore’s rules for sharing data across borders. The results supplement to legal reform scholarship by offering practical solutions for integrating ODR systems and harmonizing cross-border dispute resolution across ASEAN, fostering a dynamic adaptation of technical justice to legal authority in the digital age.

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