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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 179 Documents
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Deferred Prosecution Agreements in Indonesian Village Fund Corruption: Balancing Legal Certainty and Public Benefit Elly Sudarti; Usman Usman; Andi Agus Salim; Riana Devi Lestari; Rizaldy Anggriawan
Journal of Law and Legal Reform Vol. 7 No. 2 (2026): April, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i2.33466

Abstract

This article employs a normative and comparative legal approach to analyze the legal challenges in addressing village fund corruption cases in Indonesia through the criminal justice system. In practice, prosecuting small-scale cases has prioritized legal certainty but has imposed disproportionate financial and temporal costs compared to the modest value of the offenses. Lengthy trials that end in criminal punishment undermine the cost–benefit principle in criminal justice process and conflict with the ideals of a swift, simple, and low-cost judicial process. Moreover, such proceedings often fail to restore state financial losses effectively. The novelty of this study lies in the proposed threshold-based Deferred Prosecution Agreement (DPA) model, specifically designed to address cases of village fund corruption with limited financial losses. This study argues that resolving village fund corruption outside the courtroom, with a primary focus on restitution of state losses and active involvement of relevant stakeholders, offers greater benefits. Such an approach would better serve the state and society as victims, while also addressing the rehabilitation of offenders. Yet out-of-court settlement mechanisms currently lack a clear statutory basis, creating legal uncertainty in their application. A legal breakthrough is therefore needed by providing explicit regulation for alternative mechanism to resolve village fund corruption. One viable model is the DPAs, which enable prosecutors to suspend criminal proceedings in exchange for restitution, fines, or corrective measures. This study proposes incorporating the DPA model into Indonesia’s anti-corruption framework for cases involving losses of less than 150 million rupiah. Such reform would not only close the legal gap but also enhance the efficiency and effectiveness of efforts to recover state losses from small-scale village fund corruption.
Reforming Legal Safeguards for Unpaid Internships in Indonesia’s Creative Industry Tri Sulistiyono; Yos Johan Utama; Nabitatus Sa’adah; Moh. Imam Gusthomi; Sabina Syaharani Nurseha
Journal of Law and Legal Reform Vol. 7 No. 2 (2026): April, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.34473

Abstract

This article examines the imperative for legal reform of the unpaid internship regulation in Indonesia’s creative industry through a normative-juridical methodology grounded in three complementary legal theories: Legal Protection Theory (Philipus M. Hadjon), Justice Theory (John Rawls), and Legal Effectiveness Theory (Soerjono Soekanto). The study identifies a structural conflict of norms between the constitutional guarantee of the right to work under Article 28D (2) of the 1945 Constitution and the minimalistic, unenforceable provisions of Minister of Manpower Regulation No. 6 of 2020 on Domestic Internships. Doctrinal analysis reveals that the existing regulatory architecture fails to provide the preventive and repressive legal protection required by Hadjon’s framework, fails to satisfy the demands of Rawlsian distributive justice, and fails across all five determinant factors of Soekanto’s legal effectiveness theory. These normative deficiencies are further situated within a global comparative framework encompassing legal regimes in the European Union, France, Australia, Japan, and Malaysia, with particular attention to the conditions under which foreign regulatory models may be transplanted into Indonesia’s civil law system. The article concludes with proposed draft amendments to Permenaker No. 6/2020, incorporating a mandatory minimum stipend tied to the Municipal Minimum Wage, capped working hours for interns, compulsory social security enrollment, a graduated administrative and criminal sanctions regime for violations, and the establishment of an independent internship oversight authority modeled on Australia’s Fair Work Ombudsman.
Agree to Disagree: Understanding the Failure of Mediation Facilitated by Paralegals Yuli Prasetyo Adhi; Triyono Triyono; Dewi Sulistianingsih; Rahmawati Mohd Yusoff
Journal of Law and Legal Reform Vol. 7 No. 2 (2026): April, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i2.35020

Abstract

Mediation is widely recognized as an alternative dispute resolution mechanism that emphasizes consensus and mutually beneficial outcomes. However, mediation does not always result in a settlement agreement. This article examines the factors contributing to mediation failure, particularly in cases facilitated by paralegals. Using socio-legal research combined with qualitative analysis of mediation practices at the International Mediation and Arbitration Center (IMAC), the Indonesian National Arbitration Institute (BANI), the Gunungkidul Regency Government in Yogyakarta, and National Legal Reform Agency (BPHN), this study analyzes the role of paralegals, the dynamics of the disputing parties, and the procedural challenges that lead to deadlock during mediation. The research findings indicate that several factors, including a lack of good faith on the part of the parties, unrealistic expectations, communication barriers, power imbalances, and limited mediator competence, influence mediation failure. This study argues that mediation should not be considered a failure when no agreement is reached, as the process can still provide clarity for the parties and guide them towards alternative legal pathways. This research contributes to the dispute resolution discourse by highlighting the practical challenges faced by paralegals in the mediation process.
Can Law Protect Local Identity? Comparing Indonesia and Oman on Geographical Indications in Global Trade Waspiah Waspiah; Rodiyah Rodiyah; Asmarani Ramli; Souad Ahmed Ezzerouali; Valerio Sebastian
Journal of Law and Legal Reform Vol. 7 No. 2 (2026): April, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i2.36003

Abstract

Geographical Indications (GIs) serve as a vital form of communal intellectual property, safeguarding local identity, cultural heritage, and economic value. This study investigates the legal frameworks and enforcement mechanisms of GI protection in Indonesia and Oman within the context of global trade. Indonesia’s Law No. 20 of 2016 provides a robust framework, demonstrated by the success of Java Sindoro-Sumbing Coffee. Conversely, while Oman’s Royal Decree No. 40/2000 establishes a legal basis, practical implementation—particularly for agricultural products—remains hindered by nascent regulatory structures and low producer awareness. Utilizing a socio-legal approach, this research gathers data through interviews with local producer groups, government officials, and GI associations to identify gaps in dispute resolution and cross-border enforcement. The novelty of this study lies in its proposal of a hybrid legal model that integrates litigation and non-litigation strategies, adaptable for both mature and emerging GI jurisdictions. This research contributes to the field by enhancing legal awareness and providing a practical framework to ensure local identity is preserved and respected in the global marketplace.
Recognition and Enforcement of Foreign Judgments and Arbitral Awards in Indonesia: Lessons from Singapore and Malaysia Meria Utama; Rizka Nurliyantika; Biyes Nurul Atika; Irsan Irsan; Ros Amira bt Mohd Ruslan
Journal of Law and Legal Reform Vol. 7 No. 3 (2026): July, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i3.37235

Abstract

Indonesia acceded to the 1958 New York Convention more than four decades ago, yet enforcing a foreign arbitral award there remains markedly less predictable than in its closest regional peers. This article argues that two linked features of the domestic regime explain most of that gap: a court-centric exequatur process that routes every foreign award through the Central Jakarta District Court, and an undefined “public policy” exception that lets courts reopen the merits of disputes that arbitration was meant to settle. Using a normative-juridical method and a structured comparison with Singapore and Malaysia along four fixed indicators, the study reads the 1999 Arbitration Law, Supreme Court Regulations No. 1 of 1990 and No. 3 of 2023, the BANI Rules, and recent Central Jakarta District Court decisions against the standard set by the Model Law. It finds that the 2023 reform, though it digitizes the procedure, cannot reach these substantive defects, which sit in primary legislation. Singapore’s narrow public-policy reading and Malaysia’s Model Law-based, pro-enforcement framework, including its workable treatment of Islamic-finance awards, show what closing the gap would require. The article concludes that Indonesia should define the public-policy exception restrictively, clarify the hierarchy of its arbitration norms, and confine judicial review at the exequatur stage.
Reconstructing Industrial Forest Spatial Planning Policy for Ecological Mitigation and Global Environmental Justice Febrian Chandra; Hartati Hartati; Helmi Helmi; Muhammad Reza Halomoan
Journal of Law and Legal Reform Vol. 7 No. 2 (2026): April, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i2.40843

Abstract

The spatial planning of Industrial Forest Plantations (HTI) in Indonesia faces increasing challenges as economic expansion frequently generates ecological degradation and disaster risks. This article examines the need to reconstruct legal policies governing HTI spatial planning to integrate disaster-mitigation and ecological-justice principles. Using normative legal research with statutory, conceptual, and comparative approaches, this study analyzes Law No. 6 of 2023 and related forestry regulations, supported by empirical environmental data from the WALHI Environmental Outlook (2025) and KSDAE reports. The findings reveal that the current spatial planning framework facilitates what can be described as “legal deforestation,” where forest exploitation significantly exceeds the state’s ecological recovery capacity. This imbalance contributes to increasing hydrological disasters and socio-ecological injustices affecting local and indigenous communities. Comparative insights from Nordic forestry governance highlight the importance of transparent geospatial monitoring and balanced forest management. This article proposes a legal reconstruction model that integrates the Rights of Nature, ecological disaster risk insurance, and stronger supremacy of spatial planning. Such reforms are essential to align Indonesia’s forestry governance with global environmental standards and to ensure intergenerational ecological justice.
Formulating Criminal Law Policy for Social Conflict Resolution Based on North Maluku Indigenous Wisdom Faisal Faisal; Absori Absori; Arief Budiono; Achmadi Achmadi; Reema Bhattacharya
Journal of Law and Legal Reform Vol. 7 No. 2 (2026): April, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i2.41803

Abstract

This study aims to analyze the local wisdom function of customary communities in North Maluku, Indonesia, as a conflict-resolution mechanism that emphasizes reconciliation before the formal criminal proceedings stage, to prevent excessive criminalization. This research analyzes customary values from four sultanates (Moloku Kie Raha), which may be integrated into criminal law policies as a form of legal reformation. Implementing ultimum remedium and restorative justice principles. This research employed a normative-empirical legal research method, drawing on approaches from legal sociology and legal pluralism. The analysis examined conflict-resolution mechanisms, with a focus on reconciliation in customary communities in North Maluku. Primary legal materials included the 1945 Constitution. Meanwhile, empirical data were obtained by identifying customary conflict resolution practices. Key Findings this research is North Maluku customary community’s local wisdom effectively functions as a pre-criminal conflict resolution through three main mechanisms which is orientation transformation from individual retaliation to the recovery of collective-spiritual balance, The use of customary oaths and rituals as instruments of moral evidence (such as in the Sopik tradition) as a moral evidencing instrument with a high level of compliance, and Deliberation through customary institutions, which emphasize reconciliation rather than the sanction of imprisonment. Implications of the findings for broader legal reform could address the sociological and philosophical aspects of customary conflicts. Thus, social harmony has been achieved, thereby strengthening restorative justice and the principle of ultimum remedium within Indonesia’s criminal justice system.
Designing the Ideal E-Court E-Litigation: A Global Comparative Framework for Indonesia’s Electronic Civil Case Management System Dian Latifiani; Baidhowi Baidhowi; Yustina Dhian Novita; Nur Arif Nugraha
Journal of Law and Legal Reform Vol. 7 No. 2 (2026): April, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i2.41981

Abstract

Recent changes to the judiciary in Indonesia have introduced digitalization of the country’s judicial system, including e-courts and e-litigation, aimed at improving efficiency and transparency. However, with the technological infrastructure still facing many issues and the absence of legal standards for digital information and system privacy, these e-court and e-litigations have not been successful thus far. This paper examines the judiciary’s digital presence and the structure of e-court systems in other countries to devise an ideal model for Indonesia’s electronic civil case management systems. The research employed normative, doctrinal, and comparative legal methodologies, primarily drawing on statutes, case law, and secondary literature. This paper supports 1) SDGs No. 16 on Peace, Justice and Resilient Institutions strengthening inclusive and peaceful societies for sustainable development, providing access to justice for all, 2) The seventh Asta Cita, which emphasizes a transparent, efficient, and accountable judicial system that strengthens legal certainty, accelerates digital transformation, and enhances equitable access to justice throughout Indonesia. The study indicates that an ideal model exists, comprising five key features: the ability to file electronically, pay court filing and service fees electronically, receive electronically served summons, attend court proceedings via telecommunications, and continuously improve human resources and digital legal education. The comparative research has identified particular strengths in different jurisdictions, such as the Netherlands in data protection, Australia in system interoperability, Norway and Spain in efficient procedural and system cybersecurity, Singapore and Malaysia in legal technology education, and the United Kingdom in user-friendly system design. The results of this research are pivotal for legal reforms in Indonesia. It presents actionable steps to modernize the judiciary, improve access to justice, and bolster public trust in the judiciary in the digital era. Additionally, the study outlines policies to assist Indonesia in incorporating the optimal elements of the jurisdictions analyzed to establish a comprehensive, transparent, and legally sustainable e-court system. The research is constrained by the absence of an empirical analysis of court system readiness and of the relatively shallow analysis of the developed technical system.
Reforming the Statute of Limitations under Indonesia’s New Criminal Code: Toward a Modern Criminal Justice System Bagus Hendradi Kusuma; Barda Nawawi Arief; Pujiyono Pujiyono; Ridwan Arifin; Izan Mateo Cassandro
Journal of Law and Legal Reform Vol. 7 No. 2 (2026): April, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i2.42768

Abstract

The statutes of limitations are an essential aspect of criminal law because they help balance the certainty, rationality, and efficiency of the field. However, legal rules concerning time, the complexity of crimes, and changing expectations for victims have come into question. This paper analyzes the new Indonesian criminal code (often called Law No. 1 of 2023), its limitations and regulations, and its contribution to the Modernization of the criminal justice system. The primary question this research seeks to answer is to what extent the justice system’s modernity adequately addresses the challenges of modernizing criminal justice. This study aims to integrate the reasoning, justification, and impact of the regulation of limitations in the new Indonesian criminal code. Employing a normative legal approach, this study is based on the Statute, Conceptual, and systematic and structured analyses, and comparative in nature, to examine the unification, direction, and legal policy of the limitations regulation in the new Indonesian criminal code. Statutes of limitations constitute an essential element of criminal law as they balance legal certainty, fairness, and efficiency in criminal prosecution. However, rapid social change, increasingly complex crimes, and evolving expectations regarding victims’ rights have challenged traditional approaches to limitation periods. This study examines the regulation of statutes of limitations in Indonesia’s New Criminal Code (Law No. 1 of 2023) and evaluates their role in modernizing the criminal justice system. Using normative legal research, this study analyzes the legal policy underpinning the reform of limitation periods through statutory, conceptual, and comparative approaches. The findings indicate that the new Criminal Code introduces a differentiated limitation system based on the seriousness of offenses, reflecting a shift from purely procedural justice toward substantive justice. The reform strengthens legal certainty, supports the effective prosecution of complex crimes, and enhances victim protection. Nevertheless, the success of this reform will depend on consistent judicial interpretation and the institutional capacity of law enforcement agencies.
Legal Reconstruction of Strengthening the Function of Regional Representation in Indonesia Hananto Widodo; Muh. Ali Masnun; Intan Lovisonnya; Dicky Eko Prasetio; Noviyanti Noviyanti
Journal of Law and Legal Reform Vol. 7 No. 2 (2026): April, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i2.43520

Abstract

Indonesia has two legislative bodies namely the Regional Representative Council (DPD) and the House of Representatives (DPR). Only the DPD’s oversight authority remains weak. This research focuses on analyzing the oversight function of the Regional Representative Council using a comparative law approach. It is a normative legal study with conceptual, legislative, and comparative approaches. The research findings confirm that the legal status of the Regional Representative Council (DPD) in Indonesia’s current constitutional system is still considered weak and not equal to that of the House of Representatives (DPR). The DPD’s limited oversight function, confined to specific areas such as regional autonomy and regional formation, and the imbalance of power in the bicameral system, have resulted in the DPD’s strategic role as a regional representative at the national level not being optimal. Comparative studies with bicameral systems in countries like the Netherlands, the United States, and the United Kingdom show that both chambers in a representative system of government must be given equal authority to ensure an effective system of checks and balances. Therefore, this study proposes the need to strengthen the authority and capacity of the DPD thru legal reform, both thru amendments to the 1945 Constitution with several important indicators that are strengthened, such as: the right of interpellation, the right of inquiry, the right to express an opinion, the right of subpoena, the right of impeachment, and involvement in the national budget process.

Page 16 of 18 | Total Record : 179

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