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Journal of Law and Legal Reform
ISSN : 27150941     EISSN : 27150968     DOI : https://doi.org/10.15294/jllr
Core Subject : Social,
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
Is Indonesia’s Company Law Ready to Turn the Page on Outdated Liquidation Procedures? Waisapi, Jeffry Yuliyanto
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.v5i3.4335

Abstract

Business practices in Indonesia increasingly rely on Limited Liability Companies (LLCs), which are central to various sectors, including trade, industry, finance, and insurance. Liquidation, the process of dissolving an LLC and settling its assets, plays a critical role when a company ceases operations. This study examines the legal framework governing LLC liquidation under Law No. 40 of 2007 on Limited Liability Companies (UUPT), using a normative juridical approach. It highlights the liquidator's role in the dissolution process, grounded in Article 1233 of the Indonesian Civil Code, which outlines that legal relationships arise from consent or law. Upon liquidation, the liquidator assumes responsibility for managing the company’s assets and liabilities, as mandated by Article 149, paragraph (1) of the UUPT. The liquidator’s duties include collecting assets, notifying creditors, publishing liquidation notices in newspapers and the State Gazette, and distributing remaining funds to shareholders. The liquidator must also provide a final report to the General Meeting of Shareholders (GMS) or the court for approval. Once the report is accepted, the LLC is formally dissolved and ceases to exist as a legal entity. This study reveals the need for reform in the liquidation procedures, emphasizing the complexity of managing the dissolution process in today’s interconnected business environment. With evolving commercial dynamics, the current legal framework may require updates to streamline liquidation and ensure more effective resolution for all stakeholders involved.
Reorienting Investment Dispute Resolution in Indonesia: Towards a Fair and Efficient System Siallagan, Sahat Poltak; Wiwoho, Jamal; Suryono, Arief; Kurniawan, Itok Dwi; Fernandes, Acacio
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.v5i3.4367

Abstract

In the era of Industry 4.0, the surge in foreign investment and the proliferation of global trade agreements have intensified the need for more reliable dispute resolution mechanisms. While the Investor-State Dispute Settlement (ISDS) system has long been the standard, it faces widespread criticism for its lack of transparency, fairness, and absence of an appellate mechanism. In response, the Investment Court System (ICS) has emerged as a novel alternative, introducing significant reforms such as the appointment of more qualified arbitrators, greater neutrality, enhanced transparency, and, crucially, a structured appeals process that offers stronger legal certainty. Although no disputes have yet been resolved through ICS, raising questions about its efficiency, the system represents a promising advancement in creating a more equitable and trustworthy framework. The appellate mechanism of ICS, in particular, addresses a critical shortcoming of ISDS, where arbitration awards are often challenged in national courts, leading to legal uncertainty. By balancing investor protection with state sovereignty to regulate in the public interest, ICS has the potential to enhance legal clarity, foster public confidence, and create a more stable and inclusive global investment environment.
The Green Investment Effect on the Regulation of Idle Well Management Cooperation Contract Schemes Rahayu, Sang Ayu Putu; Anitasari, Rahayu Fery; Puteri, Dina Silvia; Pratomo, Nathanael Bayu Ajie; Setyawati, Anak Agung Ayu Diah
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.v5i4.4481

Abstract

This research delves into legal issues surrounding the impact of green investment on cooperation contracts managing idle wells in Indonesia, Malaysia, and Equatorial Guinea. In alignment with green investment principles, the Indonesian Government has implemented various schemes to enhance the effectiveness of exploration and exploitation activities in the oil and gas sector. Presently, efforts to boost oil and gas production involve reactivating idle wells, yet there is a regulatory gap concerning the transfer of this work to cooperation contract contractors. To address this, the study compares how Malaysia and countries in the Guinea Region, adopting green investment practices, manage idle wells. Employing a socio-legal methodology, the research draws on field research, legal sources, articles, journals, and related news. The findings highlight the crucial role of acknowledging the ongoing significance of oil and gas while recognizing the imperative to transition sustainably, exemplified by Indonesia's commitment and the potential application of the Production Sharing Contract (PSC) scheme in shaping the future of non-fossil energy sources in the realm of upstream oil and gas investment.
Freedom of Expression in South Sudanese Judicial Struggle: Bought or Fought For? With Special Reference to India Chhachhar, Varun; Akech, Wol Deng
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.v5i4.4936

Abstract

This article examines the struggle of the South Sudanese people in the courtroom for freedom of expression with special reference to India. The aim is thus to illustrate the judicial perspective on interpretation of this fundamental right from the past to the present. This evaluation in nexus to the contemporary constitutional adjudication in the world at large and South Sudan in particular tries to draw the attention of the courts in South Sudan to adopt a progressive interpretation. It also stresses focus on interpretation adopted by judges in South Sudan. The paper seeks to reckon the concerned institutions in South Sudan to the ongoing liberal jurisprudences on the right to freedom of speech and expression on one hand and on the other hand informs the concerned institutions for a serious litigation and enforcement of Bill of Rights in South Sudan. Indeed, the paper has invoked progressive interpretations of fundamental rights from the U.K, India, and the U.S to help in justifying the grounds as to why South Sudanese litigants and courts should scarcely claim and upheld freedom of expression as fundamental and foundational tenet of a democratic society. The article concludes that the sanctity of all rights will be meaningless if freedom of expression is not accorded an important status by the concerned institutions.
Freedom of Opinion After the Constitutional Court Ruled the Fake News Dissemination Crime Unconstitutional Prahassacitta, Vidya
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.v5i3.6752

Abstract

Decree of the Constitutional Court No. 78/PUU-XX1/2023 protects freedom of opinion in a public place. That decree rules Article 14 and Article 15 Law No. 1 of 1946 on the Fake News Dissemination Crime unconstitutional. However, does this decree of the Constitutional Court really protect the people’s right to freedom of opinion in a public place? This study is aimed at analyzing freedom of opinion in Indonesia after the decree of the Constitutional Court No. 78/PUU-XX1/2023 was issued. The document study employing a case approach and a law approach shows us that there are still things posing a threat to freedom of expression in a public place. Article 263 and Article 264 Law No. 1 of 2023 on the Penal Code and Article 28 (3) Jo. 45A (3) Law No. 1 of 2024 on the Second Amendment to Law on Electronic Information and Transactions still criminalize a fake news dissemination act. Decree of the Constitutional Court No. 78/PUU-XX1/2023 does not directly rescind the crime in those two laws. Furthermore, the provisions in the content moderation as stipulated in Law on Electronic Information and Transactions may present an obstacle to freedom of opinion in a public place. In the end, we need to request the Constitutional Court to judicially review the other laws on the fake news dissemination crime and to improve the provisions regulating the content moderation.
Revitalizing Customary Law: Reforming Buffalo Farming Practices (Jalangan) in Menaming Village for Sustainable Governance Ismi, Hayatul; Hasanah, Ulfia; Nofrizal, Nofrizal; Wook, Izawati
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.v5i4.7014

Abstract

This research investigates the revitalization of customary law in buffalo farming practices (Jalangan) in Menaming Village, Rokan Hulu, with the aim of fostering sustainable governance and agriculture. The buffalo farming system in Menaming Village is deeply rooted in traditional practices that combine grazing and caging methods, reflecting the community’s cultural values and environmental stewardship. These practices are designed to minimize the exploitation of natural resources, positioning Rokan Hulu as a region with significant potential to support local livelihoods while contributing to national economic development. The study highlights the vital role of customary law, recognized in Indonesia's Constitution, in maintaining these traditional practices and promoting sustainable livestock management. Key strategies such as converting manure into organic fertilizer, utilizing organic materials for fuel, adopting pesticide-free animal feed, and implementing rotational grazing systems are central to the community's approach. These practices reduce environmental degradation, maintain ecological balance, and enhance livestock health and productivity, all while creating economic benefits, improving farmers’ incomes, and fostering social cohesion. The novelty of this research lies in its demonstration of how customary law can be revitalized and integrated into contemporary governance frameworks to address modern challenges in sustainable agriculture and environmental conservation. This study contributes to the discourse on law reform by proposing that customary law be formally recognized and adapted within Indonesia's legal system as a dynamic tool for promoting sustainable development, empowering local communities, and preserving cultural heritage. The research underscores the urgency of adapting these traditional frameworks to ensure long-term ecological sustainability and community resilience.
Reconstructing Indonesia’s Trademark Registration System through the Lens of General Principles of Good Governance to Realize Substantive Justice Masnun, Muh. Ali; Prasetio, Dicky Eko; Awang, Mohd Badrol; Sulistyowati, Eny
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.v5i3.7547

Abstract

The constitutive or first-to-use system in trademark registration in Indonesia actually creates problems, particularly in failing to meet substantive justice aspects in trademark registration. This is because the constitutive or first-to-use system only provides protection for registered trademarks. This research aims to analyze and reconstruct a trademark registration system that accommodates the General Principles of Good Governance (AUPB). This study provides a novel perspective by integrating the General Principles of Good Governance (AUPB) with Indonesia's trademark registration system, offering a unique approach to enhance substantive justice in trademark law. The research highlights the need for reform in the Indonesian trademark registration process, which can guide policymakers and legal practitioners in improving the accuracy and fairness of trademark protection, thereby reducing disputes and enhancing the protection of intellectual property rights. This research is normative legal research using statutory, conceptual, and philosophical approaches. The research results confirm that the "first to file" system in trademark registration in Indonesia has undermined substantive justice because it only provides legal protection when a trademark has been registered. The urgency to make AUPB a guideline in the trademark registration process is oriented so that the DJKI trademark registration process can prioritize aspects of accuracy and prudence. Reconstructing a trademark registration system model that embodies substantive justice can be done by not applying the constitutive system absolutely but rather relatively by accommodating developments in trademark registration practices. This application needs to be combined with the general principles of good governance to create a fair and effective system in protecting trademark rights and realizing substantive justice.
How Can Law and Policy Reform Shape Human Resource Strategies in Indonesian State Universities Post-Law No. 20 of 2023? Mursidah, Siti; Cahya Wulandari; Khoiruddin, Moh; Hassan, Muhammad Sayuti; Fauzi, Ricky Dermawan
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.v5i4.10365

Abstract

Dialectics always arise with the introduction of new policies in laws, and Law No. 20 of 2023 concerning State Civil Servants is no exception. The latest provision in Chapter XIII, Article 65(1), prohibits Personnel Supervisory Officials from appointing Non-Civil Servants to fill civil servant positions, sparking debates on its implications for human resource (HR) management in Indonesian state universities. This study aims to evaluate HR management strategies in state universities, identify obstacles in implementing the law, and propose solutions to optimize its adoption. The research adopts a qualitative method with an analytical descriptive approach. Data was collected through in-depth interviews with HR managers from several public universities in Central Java, supported by a review of relevant documents. The study reveals that while some universities have begun to adopt the provisions of the law, they still face significant challenges, including a lack of professional training and development, complex bureaucratic processes, and budget constraints. Adjusting organizational structures and enhancing staff competencies remain major hurdles. The novelty of this research lies in its focus on the intersection of legal reform and HR strategies in higher education. The urgency is underscored by the immediate need to address inefficiencies and adapt to the law’s mandates. This study contributes by offering actionable recommendations, including increased training and awareness campaigns, simplifying bureaucracy, and expanding budgets for HR development. These insights are essential for policymakers and university administrators to ensure the efficient implementation of Law No. 20 of 2023, ultimately enhancing governance and operational efficiency in Indonesian state universities.
Paradox of Expanding Renewable Energy Resources: Legal Lag Behind the Advancement of Digital Technology Alimuddin, Nur Hidayani; Mayasari, Riezka Eka; Jusafri, Jusafri; Boer, Muhammad Riyan Kachfi
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.v5i3.11838

Abstract

Advances in digital technology have brought massive changes to various aspects of life, including managing natural resources in renewable energy. Digital technology has become one of the strongest drivers for the energy transition goal. In light of this potential, various government policies are currently underway to facilitate the expansion of these resources. Initially, this expansion initiative appears to be a sound and perfect plan, as the transition towards renewable energy will significantly affect environmental conservation efforts, bolstered by digitalization in the energy management sector. Holistically, there appears to be some confusion from both social and economic perspectives, and particularly from a legal perspective at the regulatory level. Objective of this research is to investigate the relationship between advancements in digital technology on renewable energy expantion. Additionally, it aims to investigate the legal barriers that hinder efforts to expand renewable energy in the country, and to explore the significance of paradoxes in this process. This research was conducted principles of law, synchronisation regulations, historical legal analysis, and comparative jurisprudential study. The findings of the research indicate that digital technology, or digitization, in the management of renewable energy provides a significant positive contribution in terms of improving safety, production processes, increasing access, and sustainable management. On the other side, renewable energy regulations have not been able to accommodate the country's expansion efforts and potential. There are still many legal, social, economic, and environmental conflicts in this process.
Consumer Protection of Girls from Cybercrime in a Gender Perspective Suparto, Susilowati; Yuanitasari, Deviana; Judiasih, Sonny Dewi; Salaeh, Yamudin
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.v5i4.11899

Abstract

Cybercrime covers a wide range of illegal acts carried out through the Internet or other digital devices, including fraud, identity theft, hacking, the spread of malware, to sexual exploitation of children. Girls are often the primary targets of these various forms of cybercrime. This is due to several factors, such as higher emotional vulnerability, still strong gender stereotypes, as well as a lack of education and awareness about cybersecurity among girls. Therefore, special protection that takes into account a gender perspective is essential to reduce the risk and impact of cybercrime against girls. In addition to the above cases, there are many more cases of cybercrime against girls in Indonesia that have not been or received public attention. Cybercrime is a serious threat that needs to be addressed seriously and urgently. So it is necessary to study further the impact of cybercrime on girls and to analyze gender perspectives in protecting girls' consumers as vulnerable consumers. Education on cybersecurity should start early, with a special focus on girls. Strict regulations and policies are needed to protect girls from sexual exploitation and other cybercrimes. Using protective technologies such as antivirus software and parental monitoring apps can help reduce the risk of girls becoming victims of cybercrime. Psychological and social support is crucial in helping girls who are victims to cope with the negative impact of cybercrime. Collaboration between various institutions and communities is essential to creating a secure and supportive digital environment for girls.

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