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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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Measuring Vertical Integration in the Technology Sector: Indonesia, the US, and the EU in Unfair Competition Anggraini, Anna Maria Tri; Sabirin, Ahmad; Wangga, Maria Silvya Elisabeth; Abrianti, Sharda; Fernandez, Serena Ortigosa
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.v5i4.12437

Abstract

On several occasions, Indonesian competition authorities have attempted to apply Article 14 to adjudicate violations related to vertical integration practices; however, these attempts were invalidated at the objection and cassation levels. The criteria utilized include the concepts of unfair business competition and public harm, as these terms are instrumental in determining the impacts of violations concerning vertical integration. This research aims to examine the legal approaches employed by Indonesian competition authorities in addressing vertical integration, with a particular focus on the technology sector. The findings indicate that the criteria for assessing whether vertical integration constitutes a violation of unfair business competition vary among Indonesia, the United States, and the European Union. In Indonesia, the emphasis is on preventing the exclusion of access to essential raw materials or significant buyers, utilizing the Rule of Reason approach. In contrast, the U.S. evaluates public detriment by balancing fairness and competitive benefits, whereas the EU focuses on market dominance and its potential to reduce competition. Despite these variations, all three jurisdictions share a common objective of enhancing consumer welfare and promoting competitive market conditions, with specific regard to differing regulations on online sales restrictions.
Can Advocates’ Legal Culture in Civil Law Enforcement Drive Reform in Indonesia’s Modern Justice System? Latifiani, Dian; Baidhowi, Baidhowi; Herlambang, Pratama Herry; Winarno, Farkhan Radyafani; Habiburrahman, Ahmad
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.v5i3.12988

Abstract

This study examines the urgent need to reform the legal culture of advocates in Indonesia, specifically in relation to the use of e-court and e-litigation systems in civil law enforcement. These systems were designed to streamline legal processes, offering faster, cheaper, and more accessible trials for material parties. However, advocates have been slow to adopt these technologies, often sticking to traditional methods, which undermines their potential effectiveness. The novelty of this research lies in its exploration of how the legal culture of advocates can be reformed to better leverage e-court and e-litigation. Rather than focusing solely on the technical aspects of these systems, the study emphasizes the socio-legal implications of such reforms. Advocates, as both legal professionals and agents of social change, play a critical role in bridging the gap between new technologies and the material parties they represent. This research contributes to the development of civil procedural law and aims to improve the legal culture of both advocates and clients. Using a qualitative, socio-legal approach, the study gathers data through interviews, observations, document analysis, and personal experiences. The urgency of this reform is underscored by the need for advocates to fully embrace their role in Indonesia’s digital transformation of justice. The study also examines how regulatory tools like PERMA No. 1 of 2019 and No. 7 of 2022 can support these reforms, ultimately driving systemic change in Indonesia’s legal culture and enhancing the effectiveness of e-court and e-litigation.
Women Between Jail: A Discourse of Women Protection on Indonesia Correctional Act Chuldun, Ibnu; Rokhman, Fathur; Widiyanto, Widiyanto
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i2.13067

Abstract

This paper explores the intersection of women’s rights and Indonesia’s correctional system, focusing on the legal and social dynamics affecting incarcerated women. The study critically examines the Indonesian Correctional Act and its provisions related to women, highlighting the challenges of female inmates within a predominantly male-dominated penal system. While the act sets out various measures for the protection of women in detention, including separate facilities and gender-sensitive policies, its implementation often falls short, leaving women vulnerable to abuse, inadequate healthcare, and limited rehabilitation opportunities. The paper investigates how these gaps reflect broader societal attitudes toward women, where gender-based inequalities persist even within the criminal justice system. By analyzing legal texts, institutional practices, and interviews with legal experts and women prisoners, the research aims to provide a nuanced understanding of the challenges facing incarcerated women in Indonesia. It further discusses the role of state institutions, civil society, and international organizations in advocating for reforms that uphold women’s dignity and human rights in detention. Ultimately, the paper argues for a more comprehensive and gender-sensitive approach to prison reform, one that goes beyond the basic separation of male and female prisoners. It calls for the integration of policies that address the specific needs of women, such as maternal care, trauma-informed treatment, and vocational training, to ensure their rehabilitation and successful reintegration into society post-incarceration. This discourse serves as a critical step toward achieving a more equitable and humane correctional system for women in Indonesia.
The Enactment of the Common Interest Concept and the Theory of Repressive Legal Protection on Consumer Reviews Against Defamation Claims Kongres, Evi; Kogin, Kevin; Susilawati, Connie
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.v5i3.13231

Abstract

Essentially, the objective of reviews is to offer testimonials regarding the quality of product based on personal experiences, serving as a reference for potential consumers concerning the product’s attributes and quality. Businesses also leverage consumer reviews as material for product evaluation, marketing, and enhancing after-sales services. However, in practice businesses do not always receive consumer reviews favorably, particularly when these reviews result in financial losses. This is especially true when reviews are published by influencers with substantial social media followings. Consequently, businesses may initiate legal action against consumers for defamation. According to defamation provisions, acts carried out in the public interest cannot be penalized. This study addresses the legal protection of consumers against defamation lawsuits by businesses, employing the common interest concept and the theory of repressive legal protection. The aim is to analyze the application of the common interest concept and the theory of repressive legal protection concerning reviews on social media, aiming to provide new insights for law enforcement officials in handling defamation cases involving consumers and businesses. This study utilizes normative juridical methods, reviewing literature on legislation, legal concepts, and theories. The study concludes that according to the theory of repressive legal protection, businesses that violate their obligations to consumers should be sanctioned. The enactment of the common interest concept to consumer reviews requires an examination of legal evidence and facts, and if proven, should result in sanctions for businesses as a form of repressive legal protection.
Study of Regulatory and Institutional Framework for the Relocation of the National Capital in Indonesia Hidayat, Arif; Sugiarto, Laga; Sulistianingsih, Dewi; Rafli Ananta, Bintang; Abid A Syakur, Muhammad
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.v5i4.13566

Abstract

This study explores the regulatory and institutional framework for relocating Indonesia’s national capital (Ibu Kota Nusantara, IKN) from Jakarta to East Kalimantan, a plan rooted in the integrative ideology articulated by Soepomo in 1945. This ideology emphasizes harmony between macrocosmic and microcosmic forces within the state, suggesting that the government center should be located centrally within the country to symbolize supreme authority. The relocation is also seen as a crucial move toward achieving “Indonesia Emas 2045”. However, the enactment of Law No. 3 of 2022, which serves as the legal basis for the relocation, has faced significant criticism, particularly regarding the regulatory, institutional, and funding aspects. Previous studies have often been opinion-based and lacked scientific rigor, especially in addressing the complexities of policy implementation. This research aims to fill this gap by providing a detailed analysis of the policy from regulatory and institutional perspectives. The study uses a normative legal approach, incorporating both statute and conceptual analyses, to evaluate the regulatory and institutional frameworks guiding the capital relocation. While it does not extensively address funding issues, it focuses on identifying how well the existing rules align with the policy’s implementation goals. Findings suggest that while the relocation offers significant benefits, such as promoting national unity and symbolizing progress, the process faces challenges, including conflicts with existing regulations and institutional inefficiencies. The contribution of this study lies in offering actionable insights for both the government and civil society to assess and improve the policy’s implementation, ensuring its alignment with the broader vision of national development.
Reforming the Indonesian Bureaucracy through State Civil Apparatus Reform, Could It be Optimized with Technology? Amancik, Amancik; Barus, Sonia Ivana; Saifulloh, Putra Perdana Ahmad; Nggilu, Novendri M.; Nur, Asrul Ibrahim
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.v5i3.13753

Abstract

Bureaucracy, from a societal perspective, is often perceived as complex, slow, and inefficient. Despite these criticisms, bureaucracy remains a fundamental component of governance and plays a crucial role in societal functioning. As such, bureaucratic reform has been a prominent focus of policy discussions for several decades. A technology-driven government system, coupled with a bottom-up approach, has the potential to enhance efficiency, transparency, and accountability in public administration. However, in practice, such reforms have been largely confined to central government institutions and select agencies. This study aims to explore the integration of technology within the bureaucratic system in Indonesia, with a focus on its comprehensive implementation across government structures. Employing a normative research methodology, the study emphasizes the need for the government to take proactive steps in developing a skilled workforce in information technology. The authors also recommend strategically mapping positions that can integrate technological expertise throughout government departments. Furthermore, the study proposes a comprehensive examination of the potential for replacing executive positions with artificial intelligence (AI) to streamline and simplify bureaucratic processes.  In addition to technological advancements, bureaucratic reform must be accompanied by legal reform, particularly in the areas of data security and the protection of personal information. This includes redefining bureaucratic and personal data categories to ensure robust safeguards. The Personal Data Protection Law should play a pivotal role in integrating these data types and ensuring their protection. Moreover, the Telecommunications Act and the Personal Data Protection Act should foster collaboration between the government and technology companies to develop effective security solutions. Lastly, strengthening the Ombudsman as a public service oversight institution is essential to ensuring transparency and accountability in the implementation of bureaucratic and technological reforms.
Critical Analysis of Living Law Formulation in Law No. 1 of 2023 Concerning the Criminal Code: Towards Law Reform to Realize Justice with the Spirit of Pancasila Hardinanto, Aris; Arief, Barda Nawawi; Setiyono, Joko; Fernando, Zico Junius; Sabrina, Nahdiya
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.v5i3.13923

Abstract

The government is trying to reform national law in the field of criminal law by drafting a Criminal Code Bill (RUU KUHP) to replace Wetboek van Strafrecht. The culmination of this preparation was the promulgation of the Criminal Code Bill on January 2, 2023, through Law No. 1 of 2023 concerning the Criminal Code (KUHP). However, there are not many articles that discuss the process and critical analysis of living law formulation as stated in the provisions of Article 2 of the Criminal Code and their explanations. The research method used was legal research with statute, historical, comparative legal, and conceptual approaches. The results of this research conclude that the living laws are formulated inconsistently in terms of scientific substance. In order to make this formulation can realize justice based on Pancasila, it can be achieved in several ways. First, there is a need to reinterpret living legal concepts by involving experts in customary law, legal anthropology, legal sociology, and interdisciplinary legal researchers. Second, redefining the meaning of law that lives within the body of the Criminal Code is not limited to customary law, especially the principle of legality, but also includes customary law and traditional laws in traditional societies. Third, formulating formal law/criminal procedural law as the enforcer of material criminal law/National Criminal Code by re-establishing and recognizing customary courts in the Indonesian criminal justice system whose application in society is to realize the fifth principle of social justice for all Indonesian people from Pancasila.
Promoting the Principle of Political Equality: Reformulation of Private Funding Source Regulations for Indonesian Political Parties Mamonto, Moch Andry Wikra Wardhana; Radzi, Mohd Shahril Nizam Bin Md; Moenta, Andi Pangerang; Ilmar, Aminuddin; Riza, Marwati
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.v5i3.14457

Abstract

This study examines the regulation of private funding sources for political parties, with the goal of developing a framework that ensures political equality for donors. Adopting a normative legal research approach, the study employs statutory, conceptual, and comparative methods. Data are analyzed descriptively and prescriptively to offer a comprehensive understanding of the current regulatory gaps and to propose a ius constituendum for the regulation of private political party funding. The findings reveal two key issues. First, while Indonesia has regulations governing private funding for political parties, these regulations do not comprehensively address all private funding sources, leaving certain sources unregulated or insufficiently restricted. Second, the existing regulatory framework fails to ensure political equality among donors. Based on these findings, the study recommends several reforms for more equitable regulation. Specifically, it advocates for a regulatory framework that prioritizes political equality, with detailed classifications of private funding sources—distinguishing between internal sources, such as party taxes from members holding political positions, and external sources, such as loans from individuals or legal entities. Additionally, the study proposes establishing clear limits on donor contributions, including maximum limits for both member contributions and party taxes. These reforms aim to create a more transparent and balanced system of political financing, ensuring fairer access to the political process for all donors.
Restoration of Central Power or Betrayal of Regional Autonomy? Analysis of the Impact of Recentralization of Mining Authority in the Era of Limited Autonomy Rijal, Syamsul; Ilmar, Aminuddin; Maskun, Maskun; Ab Rahman, Nurul Hidayat
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.v5i4.14466

Abstract

This study analyzes the impact of re-centralizing mining authority on regional autonomy in Indonesia, focusing on legislative changes from Law No. 22/1999 to the Omnibus Law (Law No. 6/2023). The shift from decentralized to centralized control, accelerated by Law No. 3/2020, transfers authority from districts to provinces, aiming to improve national resource management efficiency. However, the findings reveal critical risks, including weakened environmental oversight, restricted public participation, and reduced local revenues from mining operations. While centralization may streamline governance, it poses significant challenges for regional governments in managing resources independently, impacting local welfare and sustainable development. This research offers novel insights into the tension between national efficiency and regional autonomy, emphasizing the urgency of re-evaluating policies to balance these interests. The study contributes to the broader discourse on governance by providing policy recommendations for achieving sustainable resource management within a decentralized framework.
Indonesia's Land Bank Authority: Aligning with Agrarian Law or Facilitating Land Grabbing? Alimuddin, Nur Hidayani; Ayu Widowati, Dyah; Eka Mayasari, Riezka; Febrisari, Rizki; Jusafri, Jusafri
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.v5i4.14472

Abstract

This research critically examines Indonesia's land bank regulations, introduced under the Job Creation Law to boost investment, but which risk promoting land grabbing, particularly affecting farming and indigenous communities. The study's novelty lies in its focus on assessing the compatibility of land bank policies with Indonesia's agrarian legal framework through the lens of legal utilitarianism. By employing normative research methods, including theoretical and regulatory analysis, the study identifies significant legal flaws in both the legislative process and the content of the regulations. These issues undermine the principles of agrarian justice, particularly in ensuring equitable land ownership rights. This research offers urgent recommendations to policymakers, advocating for the protection of vulnerable communities from the adverse effects of land bank policies.

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