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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 145 Documents
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Addressing Challenges and Development in Enforcing International Laws on Child Soldiers: The Need for Legal Reform Okereke, Obinna Nnanna; Nnawulezi, Uche; Magashi, Salim Bashir; Adiyatma, Septhian Eka; Balarabe, Kasim
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.1529

Abstract

The purpose of this paper is to examine the challenges of enforcing the international legal framework on child soldiering. The paper reveals that, as the offense of child soldiering escalates, the multi-dimensional scope for protecting child soldiers spans various legal regimes under international law. It argues that, despite several prohibitive norms established in International Humanitarian Law (IHL), International Human Rights Law (IHRL), the International Labour Organization (ILO), and International Criminal Law (ICL), their application or enforcement against child soldiering remains ineffective and inadequate due to numerous impediments and challenges. This is because "law on paper," like a baby in the womb, must align with "law in action" to achieve adequate effectiveness. The methodology employed is doctrinal research. Major gaps were identified, and the paper provides comprehensive recommendations to enhance the enforcement of global treaties against child soldiering. The paper concludes with recommendations to address the technical and legal complexities associated with child soldiering.  
Constitutional Transition in a Democratic State: A Critical View of the Omnibus Law Establishing Employment Copyright Law Rahman, Arif; Zaini, Ahmad; Hajani, Hajani; Haerudin, Rendi; Jambunanda, Ahmad Jamaludin
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.1552

Abstract

The debate regarding Omnibus Law as the main means for structuring legal regulations in Indonesia attracted a lot of public attention when the Omnibus Law method, which was previously little known in Indonesia as a country that adheres to the Continental European legal system, was used in the preparation of draft laws (RUU). How does the constitutional transition to the establishment of an omnibus law on copyright work in a democratic country? How do we review the constitutionality of the implementation of the Omnibus Law and the copyright mechanism in the formation of statutory regulations? This research uses the concept of normative descriptive research, or what can be called normative juridical research. With this method, law is interpreted as what is written in legislation (law in a book), or law is interpreted as a legal rule, which is a standard for appropriate behavior. The Omnibus Law method practiced in the common law system is interpreted as a (new) law that regulates various kinds of regulations to simplify the various laws that are still in force. Constitutionally, the legal position of the omnibus law concept has not been regulated in the legal system or in the laws and regulations in Indonesia. Law No. 11 of 2020 concerning Job Creation, which was formed using the Omnibus method, is considered to be constitutionally contradictory because it does not have clear objectives and formulation, both in terms of the standard of formation, the systematics of its creation, and the process of changing its substance.
Prevention of the Corruption Crime through Administrative Enforcement Mechanism against Abuse of Authority Rahman, Wahbi; Sudarsono, Sudarsono; Djatmika, Prija; Madjid, Abdul; Rajamanickam, Ramalinggam
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.1849

Abstract

The law regulates that abuse of authority that results in state financial losses is a criminal offence of corruption. Law 30 of 2014 concerning Government Administration regulates the accountability mechanism for discretion that falls into the category of abuse of authority which then causes state losses which can lead to the application of administrative sanctions as stipulated in Article 80 paragraph (4) of the Government Administration Law. Based on this, the researcher draws a theoretical problem regarding the Prevention of Corruption Through Administrative Enforcement Mechanisms against Abuse of Authority in the Form of Discretion that causes state financial losses using normative juridical legal research methods with a focus on discussions related to the application of systematic specialist principles in cases of abuse of authority that cause state financial losses as a concept. Where based on the research that has been carried out, it is known that with the development of applicable legal instruments, administrative enforcement against abuse of authority in the form of discretion that causes state financial losses can be used as an instrument to prevent the occurrence of a criminal act of corruption by using the principle that does not override each other,  meaning that if it can be resolved by administrative instruments then criminal law instruments are no longer applied, which is theoretically called the principle of Una-Via or ultra vires, meaning that if a case has been resolved administratively then the opportunity to resolve the case by other legal means is closed.
Legal Reform of the Penalty for Crime of Recruiting and Involving Children in Armed Conflicts in Light of the Provisions of IHL Alwheebe, Etesam Alabd S.; Ismail, Hosameldin H.
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.v5i3.2705

Abstract

The study seeks to clarify the extent of the effectiveness of punishment for the crime of recruiting children and their involvement in armed conflicts, and it has been stipulated in the framework of the statute of the International Criminal Court (ICC) that the recruitment of children and their participation in armed conflicts, a war crime that requires individual criminal accountability, but the phenomenon of child soldiers is still continuing and a source Concern for the international community Although international law criminalizes the recruitment and use of children in military operations, it needs concerted efforts to eliminate it, as the legal framework for this phenomenon does not currently require additional development of its rules as much as it needs to activate and apply these rules, in addition to activating the punitive policy through Effective and deterrent penalties to curb this crime as a war crime and to prosecute its perpetrators, The problem, then, is not one of legislation, but one of implementation. Children often pay a very high price during armed conflicts, as they suffer the direct and indirect consequences of hostilities. Children's participation in armed conflicts has been a widespread phenomenon since antiquity. Therefore, the international community had to intervene to protect them and prohibit their recruitment. Global efforts have been made to eliminate the phenomenon of recruitment and use of children in military operations by prohibiting the recruitment of children in many international documents.
International Cooperation in EU Pre-Trial Investigations and Its Future Role in Ukraine’s Legal Reform Kozachenko, Oleksandr I.; Zarosylo, Volodymyr; Gelemei, Mykola O.; Stankovych, Mykhailo I.; Yatsun, Mykola M.
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.v5i3.3595

Abstract

This article examines international cooperation between law enforcement agencies within the European Union (EU) during pre-trial investigations, guided by the Association Agreement between Ukraine and the EU. Special focus is placed on the European Arrest Warrant (EAW), analyzing its application, efficiency, and implications for Ukraine's prospective EU membership. The study emphasizes the need for Ukraine to align its legal framework with EU standards, considering the issuance and execution of EAWs. As Ukraine aims to become an EU member state, it must understand and comply with the procedures and best practices associated with these warrants. Despite the existing legal frameworks, challenges remain due to the lack of consistent practice across EU countries in issuing and executing the EAW. This research identifies key areas where Ukraine can improve its legal reforms to align with EU practices, particularly concerning EAW implementation. Recommendations include a detailed analysis of the EAW application process that accounts for the nuances of national legislation while adhering to EU regulations. By understanding these complexities and bridging legal gaps, Ukraine can effectively navigate the challenges and enhance international cooperation in criminal investigations. Ultimately, this article provides practical insights and policy recommendations to ensure Ukraine's successful integration into the EU's legal framework for pre-trial investigations. It highlights the importance of adopting best practices in the issuance and execution of the EAW, emphasizing the need for legal reforms that respect national peculiarities without contravening EU law.
Reforming Global Criminal Justice: Addressing Corruption’s Impact on Armed Crime Voloshanivska , Tetiana; Shchokin , Rostyslav; Pavlova , Olena; Frantsuz, Anatoliy Y.; Dei , Maryna O.
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.v5i3.4082

Abstract

The article examines the relationship between corruption and gun crime and emphasizes the need to counteract this phenomenon to ensure the safety of citizens. The article points to the importance of a proper justice system and reforms in this area to combat corruption and gun-related crimes. The authors of the article analyzed several countries in Africa and Latin America based on corruption and crime rates. The study showed that a high level of corruption directly affects a high level of crime and vice versa. Moreover, the study showed that countries in the same region, with similar stages of development, have different levels of corruption. This suggests that if the recommendations contained in the article are followed, it is possible to overcome corruption and reduce the level of other crimes that are directly related to it. In addition, the authors of the article emphasize the need to modernize and further develop the global strategy of criminal liability for corruption and other crimes arising from it. In general, it should be noted that the importance of international cooperation is extremely high, especially in the context of the international fight against corruption. International cooperation is a key tool in the global fight against corruption and armed crime, as these types of crimes can be international in nature and require coordination of efforts of different countries to be successfully overcome.
Can Indonesia’s Laws Keep Up? Protecting Consumer Rights in Digital Transactions Subagyono, Bambang Sugeng Ariadi; Romadhona, Mochamad Kevin; Chumaida, Zahry Vandawati; Suheryadi, Bambang; Elkhashab, Noureldin Samy
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.v5i3.4202

Abstract

This research examines dispute settlement mechanisms within the framework of Indonesia's consumer protection laws and the Electronic Information and Transaction Law (ITE Law). Utilizing a normative legal methodology, the study analyzes relevant legal principles and doctrines, particularly focusing on Law No. 8 of 1999 on Consumer Protection and the Civil Code. The key findings of the study are twofold. First, it identifies that corporate entities bear responsibility for consumer losses under both the Consumer Protection Law and the ITE Law, which provides a legal structure for resolving disputes related to electronic transactions. However, the research also reveals a critical distinction: disputes arising from online purchases generally fall under the ITE Law, rather than the Consumer Protection Law. Second, the study highlights the challenge of interpreting the term "consumer" within the Consumer Protection Law, which explicitly refers to the final beneficiary of a product or service. This definition creates ambiguity in cases involving intermediaries or non-end consumers in online transactions. The study's contribution lies in its identification of a legal gap in the current regulatory framework. It suggests that the Consumer Protection Law may require revision to better address the complexities of modern e-commerce, particularly in distinguishing between end consumers and non-end consumers. By doing so, the research provides a foundation for future legal reforms aimed at improving the protection of consumers in the digital marketplace.
Reforming Tax Law Enforcement: The Role of Core Tax Administration System Digitalization and the Ultimum Remedium Principle Djinarto, Bambang; Suhartono, Slamet; Hadi, Syofyan; Setyadji, Sri; Nickalus, Juan
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.4297

Abstract

This study aims to analyze the impact of the digitalization of the Core Tax Administration System (CTAS) on tax law enforcement, with a particular focus on the application of the ultimum remedium principle. The research method employed is normative legal research, involving an in-depth analysis of tax law literature, relevant regulations, and case studies of CTAS implementation. The urgency of this research lies in addressing inefficiencies, inequities, and the lack of transparency in traditional tax law enforcement through the utilization of digital technology. The findings reveal that CTAS digitalization enhances efficiency, transparency, and data management in tax administration while strengthening law enforce ment processes through improved oversight and compliance. However, this digitalization also presents challenges, including data security risks, privacy concerns, and compliance with applicable regulations. The novelty of this research lies in integrating the ultimum remedium principle within the digital framework, advocating for a proportional approach to tax violations by prioritizing voluntary compliance and corrective measures before escalating to more severe enforcement actions. This study provides strategic contributions to legal policy development, offering essential insights for policymakers, legal practitioners, and system developers in designing a tax law enforcement system that is fair, transparent, and responsive to the demands of the digital era.
Is Legal Reform the Answer to Dispute Resolution in the Construction Services Sector? A Critical Look at Law No. 2 of 2017 Waisapi, Jeffry Yuliyanto; Suhartono, Slamet; Mangesti, Yovita Arie; Latumahina, Rosalinda Elsina; Young, Felina C
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.4310

Abstract

Disputes in the construction services sector are inevitable due to the complexity of contracts, project delays, cost overruns, and quality issues. Law No. 2 of 2017 on Construction Services seeks to reform dispute resolution mechanisms by emphasizing alternative dispute resolution (ADR), mediation, and arbitration while ensuring legal certainty and fairness. This study analyzes these reforms using a quantitative survey approach to assess their effectiveness and identify existing gaps. The Construction Services Acts of 1999 and 2017 marked significant philosophical and procedural shifts, with the latter focusing on non-litigious settlements through a win-win approach. However, challenges remain, particularly regarding the interpretation of the term "court" and the enforcement of decisions. Findings indicate that while Law No. 2 of 2017 promotes ADR mechanisms, enforcement issues, contractual inconsistencies, and power imbalances between large developers and smaller contractors hinder its effectiveness. The Act also establishes a team formed by mutual agreement to oversee construction services and mediate disputes, yet concerns persist over defects, nonconformities, weaknesses, and perceived biases in its implementation. Despite these challenges, Indonesia is progressing toward more effective construction dispute resolution. To enhance future regulatory frameworks, this study recommends stricter sanctions for violations of construction agreements and improved procedural clarity. Comparative insights from international legal frameworks suggest that Indonesia could benefit from integrating global best practices, such as adjudication boards and expedited arbitration. These findings are crucial for legal practitioners and policymakers in refining dispute resolution mechanisms and raising public awareness of regulatory gaps that hinder sustainable development.
Legal Reforms for Preventing Employer Abuse: Crafting a Socially Just Employment Law Framework Triasmono, Hari; Mangesti, Yovita Arie; Febriansyah, Ferry Irawan; Tomlins, Richard; Nawang, Nazli Bin Ismail
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.v5i3.4321

Abstract

This research aims to examine the role of employment law in overcoming the challenges of abuse of power by employers to build a legal framework that is socially just. This challenge is in focus because of its impact on imbalances in employment and labour relations. In this context, labour law has an important role in protecting workers' rights and preventing abuse of power by employers in the corridor of legal reform that provides social justice. The research method used is a normative legal approach. Through analysis of various legal regulations, court decisions, and related literature, this research seeks a comprehensive understanding of the concept of employment law and its relevance in overcoming the challenges faced. The novelty of this research lies in its holistic approach, integrating social justice, proactive prevention, technology use, and worker participation in employment law reforms to prevent employer abuse, ensuring comprehensive and fair protection for all workers. The research results show that labour law plays a crucial role in ensuring social justice in the work environment and in carrying out legal reforms. Clear regulations and effective law enforcement are key to preventing abuse of power by employers and protecting workers' rights. Thus, labour law is not only an instrument of protection but also a foundation for building a legal framework that is socially just. In conclusion, comprehensive labor law implementation and collaboration among government, employers, and workers are essential for creating a fairer and more socially just work environment.

Page 10 of 15 | Total Record : 145

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