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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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From Fragmentation to Coherence: Enhancing Human Resource Capacity in Indonesian Law Reform for Effective Justice Delivery Jarodi , Odi; Khafid, Muhammad; Yulianto, Arief
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.v5i4.18924

Abstract

Indonesian law reform faces persistent challenges stemming from fragmented human resource capacity, which undermines the coherence and effectiveness of justice delivery. This study critically examines the interplay between human resource development and the success of legal reform in Indonesia, emphasizing the urgent need to address systemic inefficiencies and skill gaps. As globalization and complex socio-legal issues demand more sophisticated legal systems, the pressure on Indonesia’s legal institutions to enhance their human resource capabilities has intensified. The novelty of this research lies in its focused analysis of human resource capacity as a critical yet underexplored dimension of Indonesian law reform. By employing a socio-legal methodology, the study identifies key factors contributing to fragmentation, including uneven competency levels, inadequate training, and lack of coordination among legal institutions. It further evaluates the role of education, professional development, and policy frameworks in fostering a coherent and competent legal workforce. The findings demonstrate that a robust, well-coordinated human resource strategy is essential for advancing legal reforms and delivering justice effectively. This research contributes to the discourse by proposing actionable solutions, including curriculum reforms, capacity-building initiatives, and collaborative networks among legal practitioners, academics, and policymakers. By addressing the critical gap in human resource capacity, this study provides a pathway for achieving a coherent legal system that upholds justice and aligns with Indonesia’s broader development goals.
Legal Reform in the Relocation of Indonesia’s Capital: Challenges and Implications Jamrudin, Hasrin; Widowaty, Yeni; Satriawan, Iwan; Prasetyoningsih, Nanik; Rettob, Fikram
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.21111

Abstract

Moving Indonesia’s capital city to the archipelago is a strategic policy aimed at addressing development inequality, reducing the burden on Jakarta, and creating a more sustainable center of government. However, the rapid legislative process and lack of public participation raise questions regarding the legitimacy of the policy. This study aims to analyze the legal politics of the National Capital City Law (UU IKN) as well as the social, economic, and environmental implications of relocating the capital city. Using a normative method with a descriptive and comparative approach, this study examines relevant regulations as well as other countries’ experiences in capital city relocation. The results show that capital city relocation faces challenges in governance, protection of indigenous peoples’ rights, as well as environmental impacts such as deforestation and increased carbon emissions. From an economic perspective, while it is expected to boost investment and regional development, the project faces funding constraints as well as social risks for affected communities. Therefore, more inclusive, transparent and sustainability-based policies are needed to ensure the success of this project. Strong regulations, fair compensation mechanisms for affected communities, and strict environmental policies should be top priorities. With a comprehensive approach, the archipelago can develop into a modern, competitive and sustainable capital city.
Criminal Liability for Corruption of Bribery: Problems and Legal Reform Saputra, Rian; Zaid, M; Wibowo, Muhammad Kurniawan Budi; Hanum, Willy Naresta; Triasari, Devi
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22251

Abstract

This study aims to clarify the concerns of bribery and corruption within Indonesia’s legal framework for combating corruption, particularly with the duality in establishing legal norms that support criminal liability for bribery offenses. After identifying the concerns, this study aims to suggest ideas for amending bribery and corruption legislation based on legal certainty. This normative legal examination utilizes a legislative methodology and a comparative law framework. The study’s findings reveal that the Corruption Eradication Law, which regulates bribery offenses, engenders legal ambiguity in enforcing such crimes, as the legislators, namely the government and the Indonesian Parliament, have instituted provisions for bribery offenses that lack consistency. The manifestation of this phenomenon is mainly determined by the subjective assessments of law enforcement officials concerning the relevant statute. The subjective discretion of law enforcement officials in choosing relevant statutes may lead to the abuse of power concerning civil servants,state officials, and judges who accept bribes. To establish legal certainty, criminal liability for bribery may be achieved by amending Article 12(a) of the Corruption Eradication Law as follows: A civil servant or state official who accepts a gift or promise, with knowledge or reasonable suspicion that it is intended to induce him to act or refrain from acting contrary to his obligations, shall face a prison sentence of no less than 1 year and no more than 20 years, in addition to a penalty equivalent to five times the value of the bribe.
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.

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