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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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A New Era in the Implementation of Rehabilitation and Compensation Rulings in State Administrative Courts Permana, Tri Cahya Indra; Amiludin, Amiludin
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.v5i3.14524

Abstract

The implementation of court rulings on rehabilitation and compensation in the State Administrative Court has entered a new era with the issuance of execution guidelines for the supervision of rulings with permanent legal force by the Head of the State Administrative Chamber of the Supreme Court of the Republic of Indonesia. These guidelines mark the first time in the history of the Supreme Court that a compensation amount has been reassessed and determined by the Serang State Administrative Court due to the failure to implement rehabilitation in an employment dispute. The compensation awarded does not refer to Government Regulation No. 43 of 1991, which limits compensation to between one hundred thousand rupiah and two million rupiah, but instead is based on the actual losses of the petitioner. This practice has set a positive precedent for the execution of compensation or monetary payments, which is expected to be followed by other State Administrative Courts. It is hoped that the Plaintiffs/Execution Applicants will follow the legal enforcement procedures outlined in the Minister of Finance Regulation Number 80/PMK.01/2015 regarding the Implementation of Legal Decisions, enabling the realization of compensation payments, and it is recommended that the Minister of Finance execute the legal decisions, especially the Supreme Court's re-determination regarding the compensation payment amount, so that justice for the Plaintiffs/Execution Applicants can be fully realized.
Reconstruction of Legal Protection for Civil Servants as Whistleblowers in Eradicating Corruption Crimes in Indonesia Hariz, Austin Al; Nugroho, Hibnu; Ridwan, Ridwan
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.v5i3.16334

Abstract

Corruption in Indonesia remains a pervasive and deeply entrenched issue, severely undermining public trust, hindering development, and destabilizing governance. Addressing corruption requires robust mechanisms, especially the protection of whistleblowers—particularly civil servants (Aparatur Sipil Negara, ASN)—who play a critical role in exposing corruption within public institutions. However, ASN whistleblowers face significant challenges, including retaliation, lack of legal protections, insufficient reporting channels, and limited incentives, which hinder their effectiveness and deter reporting. This study investigates the existing legal frameworks for protecting ASN whistleblowers, assessing their implementation and effectiveness, and proposing necessary reforms. Through qualitative legal research, including primary and secondary legal materials and interviews with key informants, the research identifies significant shortcomings in Indonesia's whistleblower protection laws. These gaps—such as inadequate safeguards, procedural inefficiencies, and limited institutional support—expose whistleblowers to retaliation, weakening anti-corruption efforts. The findings emphasize the urgent need for comprehensive legal reforms to enhance whistleblower protection, ensuring their safety, security, and empowerment. By filling this critical gap, the study contributes to strengthening Indonesia’s anti-corruption initiatives and highlights the essential role of whistleblowers in fostering transparency and accountability. This research calls for policymakers to prioritize whistleblower protection as a core component of the nation’s anti- corruption strategy, offering actionable recommendations to improve legal frameworks and institutional support. In doing so, it underscores the need for urgent reforms to combat corruption and promote a culture of accountability in Indonesia’s public sector.
Mainstreaming Law and Human Rights Education in Indonesia: How the National Training Institute Can Drive Legal and Policy Reform? Kurniawan, Iwan; Pramono, Suwito Eko; Yulianto, Arief; Formen, Ali
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.v5i3.16494

Abstract

This paper explores the integration of law and human rights education in Indonesia, with a focus on the role of the National Training Institute (NTI) in advancing these principles through governmental and public service training programs. As Indonesia continues its commitment to upholding human rights, both domestically and in line with international conventions, the mainstreaming of law and human rights education plays a critical role in promoting justice, equality, and legal literacy across society. Despite legal frameworks aimed at protecting human rights, there remains a significant gap in the effective implementation of such education, particularly within public institutions and civil service training. The study assesses how the NTI has integrated law and human rights topics into its curricula, examining the effectiveness of these programs in building awareness and understanding of legal rights and responsibilities. Drawing from interviews with trainers and participants, the paper identifies both strengths and limitations of current training methodologies, highlighting the challenges of addressing complex human rights issues in a culturally diverse context. Furthermore, the research underscores the importance of law and policy reform in advancing human rights education. It argues that a comprehensive and systematic approach to training in legal rights is not only crucial for improving compliance with national and international human rights standards but is also integral to broader legal reforms aimed at enhancing public participation and accountability in governance. The paper concludes by proposing recommendations for strengthening law and human rights education within the NTI framework, advocating for reforms that expand its reach and effectiveness as a tool for both societal change and legal empowerment.
Transforming Human Resources: The Key to Revolutionizing Indonesian Legal Reform and Justice System Efficiency Hilal, Maulidi; Purnomo, Arif; Arief, Sandy
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.v5i3.16495

Abstract

Indonesia’s legal reform and justice system have long faced challenges of inefficiency, corruption, and a lack of skilled personnel. As the nation strives to modernize and improve governance, a transformative approach is necessary to address systemic shortcomings. This research explores the pivotal role of Human Resources (HR) management in reshaping the Indonesian justice system, arguing that reforms in HR practices are essential to achieving sustainable legal reform and enhancing judicial efficiency. The study introduces a novel perspective by linking HR practices—such as recruitment, training, performance management, and retention—with broader goals of institutional transformation and legal accountability. The urgency of this research lies in Indonesia's ongoing efforts to combat corruption and improve the public sector’s effectiveness. HR reforms are positioned as a key lever for institutional change, offering a pathway to ensure that the judicial system is staffed with competent, ethical, and efficient personnel. The research examines existing HR practices within the justice sector and proposes innovative strategies for talent development, capacity building, and alignment with international standards. By fostering a culture of accountability and professionalism, these reforms can contribute to increased public trust and a more equitable legal environment. This study makes a significant contribution by bridging the gap between HR management and judicial reform in Indonesia. It provides actionable insights for policymakers, legal professionals, and international partners, emphasizing that an investment in human capital is central to achieving a more effective, transparent, and just legal system. Ultimately, the research underscores that HR transformation is not just an administrative reform, but a critical element in the broader pursuit of justice and national development.
Pancasila as a Foundation for Legal Reform: Evaluating the Impact of Civic Education on Indonesian Legal Systems Prakoso, Prakoso; Rokhman, Fathur; Handoyo, Eko
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.v5i3.16498

Abstract

Pancasila, Indonesia’s official state ideology, serves as a guiding framework for the nation’s governance and legal systems. As the country continues to grapple with challenges related to corruption, inequality, and legal inefficiencies, there is an increasing recognition of the need to integrate Pancasila’s principles into legal reforms. This study evaluates the impact of civic education, grounded in Pancasila, on the effectiveness and legitimacy of Indonesia’s legal system. It argues that embedding Pancasila’s values—such as justice, democracy, and social welfare—into civic education can foster a more law-abiding, ethically responsible society, which in turn strengthens the rule of law and enhances legal reforms. Through a comprehensive analysis of existing civic education programs and their influence on public understanding of legal rights and obligations, this research highlights the role of education in shaping legal consciousness and promoting societal trust in legal institutions. The urgency of this research lies in Indonesia’s ongoing efforts to modernize its justice system while addressing systemic corruption and inefficiency. By situating Pancasila at the core of civic education, the study advocates for a holistic approach to legal reform, one that aligns legal practices with broader societal values. This research contributes to the discourse on legal reform by proposing a model in which education, ethical values, and legal practice are interconnected to create a more robust and transparent legal framework in Indonesia.
Digital Safety for Women and Children: Legal and Policy Challenges Indonesia, Philippines, and Thailand Ahmad, Dwi Nur Fauziah; Smith, Nucharee Nuchkoom
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.v5i4.16539

Abstract

This study explores the legal protections against online sexual exploitation of children and online gender-based violence (OGBV) in Southeast Asia, focusing on Indonesia, the Philippines, and Thailand. Using a systematic literature review (SLR) methodology, this research identifies and evaluates legal frameworks, implementation challenges, and the role of digital platforms in addressing these issues. Key regulations such as the Electronic Information and Transactions (ITE) Law in Indonesia, the Cybercrime Prevention Act in the Philippines, and the Computer Crime Act in Thailand were analyzed alongside institutional reports and academic studies. The results reveal that while these countries have made significant progress through the establishment of legal frameworks, implementation remains hindered by limited technical capacity, a lack of digital forensic expertise, and low public digital literacy. Furthermore, weak enforcement and insufficient oversight of digital platforms exacerbate the problem, as many platforms fail to respond promptly to reports of illegal content. Despite progressive laws such as Indonesia's Sexual Violence Prevention Law and the Philippines' international collaborations, slow law enforcement processes and economic vulnerabilities contribute to the persistence of these issues. The study concludes that Southeast Asian countries need to enhance technical capabilities, expand public education, strengthen international collaboration, and ensure greater accountability from digital platforms. These measures are essential to addressing gaps in enforcement and creating a safer digital environment for women and children in the region.
Defense Budget Gaps and Legal Implications of Alternative Financing in Indonesia: A Legal Reform Perspective Marsudiyanto, Aris; Subroto , Athor; Brodjonegoro, Bambang Permadi Soemantri; Ghafur, A. Hanief Saha
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.v5i4.18076

Abstract

This paper examines the critical defense budget gap in Indonesia, which has become a pressing issue over the past decade. With global challenges, particularly the escalating wars in the Middle East, Indonesia faces growing security concerns that necessitate a stronger defense program. However, the country’s defense budget allocation, ranging from 0.5 to 0.9 percent of GDP, remains insufficient to meet the required defense expenditures. Using the Autoregressive Integrated Moving Average (ARIMA) approach, we predict future budget availability and compare it with the projected defense needs, revealing a significant gap. To address this, the paper explores alternative financing mechanisms, such as optimizing military assets, enhancing the defense industry, leveraging Public-Private Partnerships (PPP), and integrating these strategies. The urgency of addressing this funding shortfall is heightened by Indonesia’s need for robust defense capabilities in an increasingly unstable geopolitical environment. This study’s novelty lies in analyzing the legal implications of these alternative financing options, an area that has received limited attention in defense policy discourse. It critically examines the legal challenges posed by these financing mechanisms, particularly in relation to Indonesia’s existing laws, including Law No. 17 of 2003 on State Finances, Law No. 3 of 2002 on National Defense, and various regulations governing defense industry and national security. The paper’s contribution lies in offering a comprehensive legal analysis of alternative financing in Indonesia’s defense sector, proposing necessary legal reforms to facilitate these strategies. By providing policy recommendations, this study aims to inform lawmakers, defense planners, and legal scholars about the complexities and potential solutions to closing Indonesia’s defense budget gap while ensuring compliance with national legal frameworks.
The Role of BPIP in Indonesia’s Legal Reform: Navigating Social Transformation and Ideology Education Challenges Lutfi, Fuad; Pramono, Suwito Eko; Masrukhi, Masrukhi
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.v5i4.18921

Abstract

The Pancasila Ideology Development Agency (Badan Pembinaan Ideologi Pancasila, BPIP) plays a pivotal role in Indonesia’s ongoing legal reform, acting as a vital institution in promoting Pancasila—the nation’s foundational ideology. This research explores the significance of BPIP in navigating the intricate nexus between legal reform, social transformation, and ideology education. The urgency of this study stems from the pressing need to address challenges posed by globalization, which often undermines Indonesia’s ideological values, and the growing demand for a legal system aligned with Pancasila principles. By employing a socio-legal approach, this study examines BPIP’s functions, legal framework, and effectiveness in fostering ideological integrity while accommodating diverse societal transformations. The novelty of this research lies in its comprehensive analysis of BPIP’s strategic role in aligning legal reforms with Pancasila-based values. It highlights the institution's contribution to addressing ideological fragmentation and its potential to bridge the gap between constitutional ideals and societal realities. Moreover, the study underscores the importance of integrating ideology education with legal reform efforts to ensure sustainability and inclusivity. The findings provide a critical evaluation of BPIP’s impact on Indonesia’s legal development and propose actionable strategies to enhance its role in shaping a transformative and ideology-driven legal framework. This research contributes to the broader discourse on legal reform by offering a unique perspective on the interplay between ideology and law, serving as a reference for policymakers and scholars seeking to strengthen Indonesia’s legal and ideological foundations.
Pancasila in Modern Indonesian Legal Reform: Addressing Current Cases and International Debates on Ideology and Law Hadiprabowo, M Akbar; Wasino, Wasino; Kurniawan, Edi
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.v5i4.18922

Abstract

Pancasila, the foundational ideology of Indonesia, remains a cornerstone of the nation’s legal and political frameworks. However, the application of Pancasila in modern legal reform faces significant challenges, particularly in addressing contemporary legal cases and navigating international debates on ideology and law. This study examines the dynamic interplay between Pancasila’s principles and Indonesia’s legal reform efforts, focusing on their relevance to pressing domestic and global issues. The urgency of this research arises from the increasing tension between Indonesia’s ideological commitments and the pressures of globalization, human rights norms, and transnational legal principles. This research contributes novelty by analyzing specific case studies that highlight the complexities of integrating Pancasila within modern legal practices. It also addresses critiques from international actors who question Indonesia’s adherence to global legal standards while maintaining ideological authenticity. Using a doctrinal and socio-legal approach, this study evaluates the role of Pancasila in shaping legal doctrines, court decisions, and legislative reforms in Indonesia. The findings reveal that while Pancasila provides a robust framework for addressing social justice and national unity, its interpretation and implementation often encounter inconsistencies and resistance. By critically engaging with international debates on ideology and law, this research offers practical insights for aligning Pancasila with evolving legal and societal demands. It serves as a valuable resource for policymakers, legal practitioners, and scholars in Indonesia and beyond, fostering a deeper understanding of the ideological foundations of legal reform.
Pancasila in the Context of Indonesian Legal Reform: A Critical Evaluation and International Debate Siregar, Elfrida Herawati; Utomo, Cahyo Budi; Sholeh, Muh
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.v5i4.18923

Abstract

Pancasila, as Indonesia’s foundational ideology, plays a central role in shaping the country’s legal framework. However, its application in contemporary legal reform presents significant challenges amidst evolving societal dynamics and international legal debates. This study critically evaluates the incorporation of Pancasila within Indonesia’s legal reform processes, emphasizing its relevance in addressing domestic and global tensions. The urgency of this research stems from growing critiques of Indonesia’s legal alignment with international standards while preserving its ideological roots. Concurrently, the rise of globalization and pluralism demands an adaptive yet principled approach to Pancasila’s integration into modern legal structures. This research provides a novel perspective by analyzing specific legal cases and policy reforms where Pancasila principles have been contested or reinterpreted. Through a doctrinal and socio-legal analysis, the study examines the compatibility of Pancasila with contemporary global legal norms, including human rights, environmental law, and economic governance. Furthermore, it explores Indonesia’s engagement in international debates on the role of ideology in law, offering insights into the challenges of balancing national identity with global expectations. The findings reveal that while Pancasila remains a unifying framework, its inconsistent application risks undermining its potential to guide inclusive and sustainable legal reforms. This study contributes to the broader discourse by proposing actionable recommendations for harmonizing Pancasila with international legal developments while safeguarding Indonesia’s ideological integrity. It serves as a critical resource for scholars, policymakers, and practitioners navigating the intersection of ideology, law, and globalization.

Page 13 of 15 | Total Record : 145

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