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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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Pancasila Framework for Resolving Digital Hybrid Conflicts in Jayapura Paulus Waterpauw; Arthur Josias Simon Runturambi; A. Hanief Saha Ghafur; Kosuke Mizuno
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.v7i2.46898

Abstract

The rapid acceleration of digital transformation in Papua has redefined the landscape of social discord, evolving traditional frictions into what is now characterized as “digital hybrid conflicts.” In Jayapura, these conflicts represent a sophisticated convergence of physical social grievances and digital subversion, where disinformation, hate speech, and cyber-polarization are weaponized to destabilize regional social cohesion. This study critically examines the Pancasila Framework as a foundational normative and operational guide to address and resolve these multifaceted tensions. Utilizing an empirical qualitative approach centered in Jayapura, the research investigates how the ideological values of Pancasila—specifically social justice, inclusivity, and the principle of deliberative consensus (Musyawarah)—can be operationalized to counter polarizing digital narratives. The analysis reveals that a purely technical or legalistic response to hybrid threats is insufficient; instead, it requires a value-based “social anchor.” The findings demonstrate that the Pancasila Framework provides a robust mechanism for “digital resilience” by aligning modern technological challenges with the indigenous cultural wisdom of Indonesian unity (Persatuan Indonesia). By integrating these core tenets into digital governance and community-led mediation, stakeholders in Jayapura can effectively de-escalate hybrid threats and restore social equilibrium. The study concludes that Pancasila is not merely a static state ideology but a dynamic, adaptive instrument capable of navigating the volatile intersections of technology and multiculturalism. This research offers a scalable model for peacebuilding, asserting that the Pancasila Framework is indispensable for maintaining long-term stability and social harmony in the digital age, particularly within complex, pluralistic societies like Jayapura.
Mochtar Kusumaatmadja’s Legal Development Theory as an Epistemological Solution for Indonesian Legal Reform Aisha Mutiara Savitri; Tarsisius Murwadji; Helza Nova Lita; Rahmat Dwi Putranto; Amalina Ahmad Tajudin
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.v7i3.47279

Abstract

The development of Indonesian legal science continues to face the challenge of constructing an epistemological foundation that reconciles legal certainty, social change, national development, public participation, and substantive justice. In this context, Mochtar Kusumaatmadja’s Legal Development Theory remains important because it offers a framework for understanding law not merely as a formal system of rules, but as a means of orderly social transformation. However, the theory has also generated critical debate, particularly regarding its theoretical status, its instrumental character, and its potential to serve as a justification for state-centered development. This article aims to analyze the epistemological foundations of Legal Development Theory and to reassess its position as a conditional epistemological solution for Indonesian legal reform. This research employs a normative legal method, drawing on conceptual, historical, and philosophical approaches. The legal materials are analyzed through conceptual analysis, historical contextualization, critical epistemological interpretation, and comparative theoretical reflection. The findings show that Legal Development Theory is grounded in a pragmatic and contextual epistemology that integrates normative validity, social responsiveness, developmental function, and Indonesian legal values. Nevertheless, this article argues that the theory should not be understood as an unconditional solution. Its relevance depends on whether development-oriented law is controlled by Pancasila, legal certainty, meaningful public participation, substantive justice, constitutional legitimacy, and the plural character of Indonesian society. By placing Legal Development Theory in dialogue with Progressive Law, Bernard Arief Sidharta’s legal thought, and Pancasila-based legal philosophy, this article contributes to Indonesian legal scholarship by reconstructing the theory as a contextual, participatory, and justice-oriented epistemological framework for legal reform.
Recognition and Marginalization: The Paradox of Legal Politics in Indigenous Constitutional Rights in West Kalimantan Karolin Margaret Natasa; Abdul Mukti Ro’uf; Sopian Lubis; Abu Bakar Munir
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.v7i2.47755

Abstract

Despite the constitutional guarantees provided by the Indonesian State to recognize and respect the existence of indigenous communities, the implementation of these rights remains problematic. In West Kalimantan, a province rich in both cultural diversity and natural resources, a sharp contradiction exists: while legal frameworks for recognition are expanding, indigenous peoples continue to face systematic marginalization, particularly regarding land tenure and ancestral domain. This study aims to analyze the legal-political paradox in which formal state recognition often serves as a mechanism of exclusion rather than empowerment. It seeks to uncover the underlying factors that cause legal instruments to fail to protect indigenous constitutional rights, against the backdrop of large-scale extractive industries and bureaucratic hurdles. This research employs a qualitative socio-legal approach. Data were gathered through a combination of normative legal research—analyzing constitutional mandates, national laws, and local regulations (Perda)—and empirical observations of land disputes and administrative recognition processes in West Kalimantan. The findings reveal that the “paradox of recognition” is driven by two primary factors: first, overly complex administrative requirements for legal status that transform a fundamental right into a “state-granted” privilege; and second, the dominance of developmentalist agendas that prioritize investment over indigenous sovereignty. Consequently, legal recognition in West Kalimantan often serves as a “formal mask” that stabilizes state authority while indigenous communities remain vulnerable to displacement and criminalization. The study concludes that true constitutional protection requires a paradigm shift from a state-centric recognition model to a rights-based approach that honors the self-identification of indigenous peoples.
Formulation of Legal Calculation of Environmental Damage as State Losses Resulting from Illegal Mining in Bangka Belitung Ahmad Redi; Ahmad Sulthon Zainawi
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.v7i3.48700

Abstract

The paradigm shift from potential loss to actual loss in determining state financial losses following the Constitutional Court Decision has hindered the realization of substantive justice in the enforcement of corruption law, particularly in cases involving environmental corruption. Nevertheless, in corruption cases related to illegal mining in Bangka Belitung Province, judges of the Corruption Court have adopted a progressive approach by setting aside this paradigm shift to uphold substantive justice. Against this background, this study examines whether environmental damage constitutes state losses that give rise to corruption offenses, how environmental damage caused by illegal mining in Bangka Belitung is calculated, and how courts adjudicate cases involving such environmental damage. The research finds that the shift from potential loss to actual has led to environmental damage no longer being normatively classified as state losses, thereby limiting the application of corruption law to perpetrators of environmental destruction. The study further finds that, prior to this paradigm shift, the Ministry of Environment had issued a ministerial regulation establishing procedures for calculating environmental damage, which serves as the primary legal basis for assessing such losses. Finally, the research demonstrates that, despite the restrictive implications of the actual loss paradigm for environmental corruption cases, judges in the Corruption Court have adopted a form of judicial activism by disregarding it in practice to ensure the realization of substantive justice in cases of environmental damage resulting from illegal mining in Bangka Belitung Province.
Strengthening the Patent Gatekeeper: The Mandatory Disclosure of Origin in Indonesia’s Intellectual Property Regime Efridani Lubis; Nurwidiatmo Nurwidiatmo; Heru Widodo; Prastopo Prastopo; Zinatul Ashiqin Zainol
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.v7i3.48740

Abstract

The enactment of Law No. 65 of 2024 has fundamentally transformed the legal status of Mandatory Disclosure of Origin (MDO) within Indonesia’s patent regime. While previous studies have primarily examined MDO as a mechanism for preventing biopiracy and facilitating access and benefit-sharing, limited attention has been paid to its evolving role as a substantive patentability requirement and its philosophical foundation within Indonesia’s legal system. This article addresses that gap by examining how Article 26 of the amended Patent Law redefines the disclosure of genetic resources and traditional knowledge from a procedural obligation into a substantive legal mandate. Using a statutory, conceptual, and comparative legal approach, this study analyzes the transformation of Article 26 in light of Law No. 65 of 2024, the Nagoya Protocol, and the 2024 WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. The analysis further employs an axiological perspective to evaluate the compatibility of MDO with the constitutional values embodied in Pancasila. The findings demonstrate that the amended Patent Law significantly strengthens the gatekeeping function of the Indonesian patent system by linking patent validity to transparency regarding the origin and lawful acquisition of genetic resources and traditional knowledge. The reform establishes a legal framework that integrates Prior Informed Consent (PIC), Access and Benefit-Sharing (ABS), and post-grant accountability mechanisms, thereby enhancing protection against biopiracy. Furthermore, the study finds that the strengthened MDO regime reflects a shift from a predominantly individualistic intellectual property paradigm toward a distributive justice model grounded in the Second and Fifth Principles of Pancasila. This article argues that the strengthened gatekeeper model represents a form of decolonial intellectual property reform that balances private innovation with collective rights, reinforces national sovereignty over biological resources, and provides a normative foundation for equitable benefit-sharing in the emerging bioeconomy.
The Dynamics of Procedural Compliance and Organizational Learning in Civil Service Disciplinary Actions Siti Mursidah; Cahya Wulandari; Moh. Khoiruddin; Ricky Dermawan Fauzi; Muhamad Sayuti Hassan
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.v7i3.48991

Abstract

This study examines compliance with procedures for imposing disciplinary sanctions on civil servants, the deterrent effect of such sanctions, and their effectiveness in organizational learning at Universitas Negeri Semarang. The main research issues include the appropriateness of sanction procedures implemented by unit heads, patterns of enforcement of violations at the work unit level, and the effectiveness of sanctions in improving employee compliance. The study employs an empirical legal approach. Primary data were obtained through interviews with faculty deans, the Directorate of General Affairs and Human Resources, the Internal Audit Unit, the Employee Development Team, general staff, and employees who had previously been sanctioned. Observations, internal documents, and literature on legal and organizational management further supported the data. The research results indicate that formal sanction imposition procedures at UNNES have been carried out fairly systematically once cases enter the official investigation mechanism. Documents such as chronologies, summons letters, investigation minutes, investigation reports, and sanction decisions are available for formal cases. However, procedural compliance has been inconsistent at the pre-formal stage, as minor violations are often resolved informally without documentation. The culture of “ewuh pakewuh,” limitations in post-sanction monitoring, and weaknesses in digital presence reduce the effectiveness of organizational learning. This study concludes that formal sanctions have a deterrent effect but need to be integrated with records of initial guidance, post-sanction monitoring, and anonymous case studies to become an instrument of sustainable disciplinary reform. This finding contributes to legal reform in public institutions by emphasizing the importance of documenting pre-formal disciplinary measures, strengthening procedural accountability, and integrating organizational learning into disciplinary governance systems.
Reconstructing Gender-Responsive Climate Finance: A Comparative Legal Study of Women’s Access to SME Financing Diani Sadiawati; Alya Zahra Sabira; Edward Benedictus Roring; Arie Petra Levy; Peter de Meij
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.v7i3.49054

Abstract

Climate finance has become a central instrument in supporting the transition toward a low-carbon economy. Yet, its legal architecture often remains insufficiently responsive to gender-based inequalities in access to finance. Women-led green small and medium enterprises (SMEs) may contribute to climate mitigation, adaptation, and local economic resilience, but they frequently face structural barriers embedded in financing rules and procedures. This article examines how climate finance regulation operates as a legal gatekeeping mechanism that may substantively exclude women-led green SMEs. This study employs normative legal research, drawing on statutory, conceptual, and functional-comparative approaches. Indonesia is examined as the primary jurisdiction, while the European Union and Bangladesh are used as comparative jurisdictions based on the shared legal function of eligibility and access within sustainable finance regulation. The study analyzes primary legal instruments, sustainable finance policies, gender mainstreaming mandates, SME financing rules, and climate governance frameworks. It does not conduct empirical fieldwork; rather, it evaluates whether the existing legal architecture enables substantive access. The findings show that gender exclusion in climate finance is not merely a funding problem, but a legal design problem arising from fragmented regulation, formally neutral eligibility standards, and a weak linkage between sustainable finance, SME policy, and gender mainstreaming. The article contributes to sustainable business law by proposing a gender-responsive access framework based on proportional eligibility standards, gender- and MSME-disaggregated reporting, simplified documentation, institutional coordination, and alignment with SDGs 5, 8, and 13.
The Urgency of Reformulating Just and Humane Diversion Arrangements in Juvenile Criminal Law Krismiyarsi Krismiyarsi; Zainal Arifin
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.v7i3.49136

Abstract

The diversion provisions in the Juvenile Criminal Justice System Law urgently require re-examination following as the requirement limiting diversion to offenses carrying a maximum threat under seven years in Article 7 differs from Article 2 of the SPPA Law. When evaluated against the fundamental principles of juvenile justice, this regulatory disparity creates legal inconsistency and potential injustice toward children in conflict with the law. Through philosophical, juridical, sociological, penological analyses and comparative law, this study highlights the urgency of reformulating these diversion arrangements to ensure that the best interests of the child are prioritized through equitable access to diversion at every stage of legal proceedings. Ultimately, realizing restorative and rehabilitative justice rather than retributive punishment is an imperative duty for law enforcement officers, making regulatory harmonization essential to guarantee legal certainty and judicial consistency in line with national criminal law reform. This study employs an empirical juridical research method and draws upon both primary and secondary data. The statutory requirement limiting diversion to offenses threatened with under seven years of imprisonment should be eliminated. Instead, diversion shoul Publis be established as a legal right available to every child in conflict with the law at all stages of the criminal justice process investigation, prosecution, and trial. The decision to grant diversion should be based on case-by-case guidelines evaluating the motive, the degree of harm, and the victim-offender dynamic, rather than abstract statutory penalty caps.
Extradition and Mutual Legal Assistance in Combating Transnational Terrorism Financing: UNTOC and the 1999 Convention in Indonesia Bintang Wicaksono Ajie; Topo Santoso; Febby Mutiara Nelson; Arie Afriansyah; Mohd Hazmi bin Mohd Rusli
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.v7i3.49270

Abstract

Transnational terrorism financing has become a serious challenge to international security and stability, necessitating interstate judicial cooperation through extradition and mutual legal assistance (MLA) mechanisms. This study analyzes the implementation of extradition and MLA mechanisms in Indonesia in relation to the synchronization of the 2000 United Nations Convention on Transnational Organized Crime (UNTOC) and the 1999 International Convention for the Suppression of the Financing of Terrorism into Indonesia's national legal framework. This study aims to assess the extent to which these international legal instruments have been integrated into national law and to identify gaps in their implementation in practice. This study uses a sociological juridical approach, combining analysis of legal norms with their implementation in practice. The case studies of Hambali and Syam Organizer illustrate the operational dynamics of extradition and MLA implementation in transnational terrorism financing cases. The results show that although Indonesia has a relatively comprehensive legal framework for international cooperation, the effectiveness of its implementation remains influenced by factors such as state sovereignty, procedural complexity, and differences in legal systems across countries. This study also found that synchronization of the 2000 UNTOC and the 1999 Convention has been carried out through Law Number 1 of 1979 concerning Extradition, Law Number 1 of 2006 concerning Mutual Assistance in Criminal Matters, and Law Number 9 of 2013 concerning the Prevention and Eradication of Criminal Acts of Terrorism Financing. However, there are still gaps in implementation, especially regarding the limited use of multilateral conventions as a basis for extradition without bilateral agreements, and the complexity of MLA procedures, both of which affect the effectiveness of international cooperation.
Transformation of Divine Values Based on Pancasila in the Formation of Non-Ministerial Government Institutions for Religious Harmony in Indonesia Marjan Miharja; Bob Hassan; Ahmad Novindri Aji Sukma; Arif Awangga
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.v7i3.49529

Abstract

The value of Divinity serves as a fundamental basis for the formation of law in Indonesia, grounded in Pancasila, as reflected in the inclusion of the phrase “By the Grace of Almighty God” in every statutory regulation. The issues examined include the meaning and existence of Divine values in the formation of law in Indonesia from the perspective of modern natural law theory, as well as the relevance of the phrase “By the Grace of Almighty God” in the Constitutional Court Decision Number 2-3/PUU-V/2007 reviewed from the perspectives of das sollen and das sein. This research employs a normative juridical method, drawing on conceptual, philosophical, and statutory approaches, and is descriptive-analytical in nature. Primary and secondary legal materials were collected through a literature review and analyzed qualitatively, using both deductive and inductive reasoning, to examine the relationship between Divine values, modern natural law theory, and the practice of law-making and judicial review in Indonesia. The results of the study indicate that Divine values, from the perspective of modern natural law theory, serve as the highest moral source and the ethical legitimacy of law, directing law not only toward formal certainty but also toward substantive justice, humanitarian values, and universal truth. Their existence is reflected in the phrase “By the Grace of Almighty God,” which functions as a philosophical foundation, a limitation on state power, and an ethical compass in the formation of law. Meanwhile, the relevance of this phrase in the Constitutional Court Decision demonstrates a duality between das sollen and das sein, where ideally Divine values lead to the protection of the right to life and humanity, yet in practice they are interpreted as moral legitimacy to justify the death penalty in order to protect the broader interests of society. Thus, Divine values within the Indonesian legal system are dynamic and contextual, and have not yet been consistently and fully implemented in law enforcement practices.

Page 17 of 18 | Total Record : 179

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