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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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From Vote Tabulation to Electoral Justice: Rethinking the Constitutional Court’s Authority in Electoral Dispute Cases Aan Eko Widiarto; Sholahuddin Al-Fatih; Patrick Keyzer; Endrianto Bayu Setiawan; Noppawan Phuengpha
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.v7i3.49839

Abstract

The meaning of the Constitutional Court’s authority in deciding disputes over election results has evolved significantly since its establishment, particularly in response to increasingly complex electoral violations. These disputes now involve not only quantitative issues, such as vote differences, but also qualitative concerns related to the integrity of the electoral process. Consequently, the Court’s authority is no longer interpreted narrowly as a matter of numerical calculation, but as encompassing broader considerations that affect the legitimacy of election outcomes. Departing from this issue, this research aims to examine changes in meaning and to reconstruct existing legal policies to address growing demands for electoral justice amid ongoing debates over the Court’s constitutional authority. This study employs normative legal research using statutory and conceptual approaches, and analyzes them through grammatical and systematic interpretation. The findings demonstrate a gradual evolution from an initially dominant quantitative approach toward a mixed approach that integrates disputes over results with process-related violations. This research also evaluates structured, systematic, and massive violations that may influence election outcomes. Despite this progressive interpretation, juridical problems remain in strengthening the Court’s authority. To address them, several reconstructive measures are proposed: redefining the concept of “disputes over election results”; establishing clear standards for structured, systematic, and massive violations; consolidating regulations governing elections and local elections; integrating the electoral law enforcement system; and advancing a transformation toward substantive electoral justice.
Redesigning Indonesia’s People’s School Policy: Structural Economic Lessons for Poverty Alleviation Ninasapti Triaswati; Aprila Niravita; Noorimah Misnan
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.v7i3.49947

Abstract

This article critically examines Indonesia’s People’s School Policy as a socio-economic instrument for poverty alleviation, situating education reform within the broader structural economic context. The study employs a qualitative socio-legal and structural-economic approach, combining historical tracing of institutional design, policy document analysis, and a comparative review of education-linked poverty-alleviation programs in other developing countries. This methodological framework allows for a nuanced understanding of how education policy interacts with labor market segmentation, dependence on the informal sector, and unequal access to productive resources. The research identifies a significant gap in existing scholarship: most studies treat education policy as an isolated intervention, emphasizing access and enrollment while neglecting its integration with structural economic linkages. This narrow focus has limited the transformative potential of Indonesia’s People’s School Policy, which remains constrained by fragmented financing, weak institutional governance, and misalignment with long-term labor market strategies. Findings demonstrate that without structural economic alignment, expanded schooling opportunities fail to translate into sustainable livelihood outcomes. Comparative lessons from other developing contexts highlight the importance of inclusive financing models, community-based governance, and integration with long-term economic restructuring. These elements are crucial to ensuring that education reform contributes directly to poverty alleviation rather than reproducing existing inequalities. The article concludes that poverty alleviation through education requires more than expanding access; it demands a redesign that situates schooling within systemic economic change. By proposing a multidimensional framework that links education reform to structural economic restructuring, the study contributes to policy debates on equitable development. It offers a pathway for Indonesia to strengthen its poverty alleviation agenda.
Gamified Online Radicalization and Counterterrorism Law Reform for Indonesian Adolescents Ali Masyhar; Feddy Setio Pribadi; Muhammad Azil Maskur; Nadhira Madania Dimarti; Sunusi Dauda
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.v7i3.58192

Abstract

Indonesia’s Counterterrorism Law (Law No. 5 of 2018) has not regulated one of the rapidly growing radicalization vectors: multiplayer online games, where recruitment is decentralized, extremist narratives are embedded in in-game content, and migration to encrypted platforms operates outside existing regulatory frameworks. This research addresses that normative gap by examining how extremist content is disseminated through online games played by Indonesian teenagers and identifying legal weaknesses that leave this vector unregulated. Using a normative-qualitative approach combining doctrinal analysis, literature review, and exploratory questionnaire data from 46 junior high school students (ages 12–15) in Gunungpati, Semarang, this study analyzes radicalization mechanisms—including narrative infiltration, extremist symbols, and in-game recruitment—through Moghaddam’s Staircase to Terrorism framework and Ware’s Third Generation of Radicalization. The findings indicate significant exposure to ideological recruitment through in-game social features and psychosocial vulnerabilities among respondents, strengthening the doctrinal urgency beyond generalized statistical claims. The doctrinal analysis identified three normative gaps in Law No. 5 of 2018: the absence of due diligence obligations for game operators, the lack of detection and school-based reporting mechanisms, and the failure to recognize children vulnerable to radicalization as subjects of legal protection rather than criminal responsibility. By integrating empirical evidence with doctrinal analysis, this study provides the first legal-empirical account linking online game–based radicalization to Indonesian counterterrorism law and highlights the need to shift from a repressive to a prevention-oriented legal framework through early intervention in digital radicalization.
Tripartite Synergy in the Urban Agrarian Reform Model for the Legality of Low-Income Community Settlements Suhadi Suhadi; Tri Andari Dahlan; Asmarani Ramli; Dani Muhtada; Fezer Tamas
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.v7i3.47777

Abstract

Urban development in Indonesia reflects a persistent paradox: rapid growth coexists with unequal access to land and housing for low-income communities. The urban population increased from 53.3% in 2015 to 56.39% in 2022, while slum areas still covered approximately 88,662.69 hectares nationwide, including 8,912.33 hectares in Central Java. This condition forces many low-income residents to occupy land informally without legal certainty, exposing them to eviction and social vulnerability. This study aims to examine a collaborative urban agrarian reform model based on tripartite synergy among government, academics, and civil society to support settlement legalization. The research employs a normative juridical method with an interdisciplinary approach integrating legal analysis, spatial justice theory, and public policy. The findings reveal that fragmented regulations, weak institutional coordination, and top-down governance approaches hinder effective legalization. In cities such as Semarang, many informal settlements potentially qualify as land objects of agrarian reform but remain unaddressed due to administrative and regulatory constraints. This study proposes a collaborative model involving participatory land identification, legal status assessment, and integrated cross-sectoral policy implementation. It concludes that tripartite synergy enhances legal certainty, reduces land conflicts, and supports inclusive and sustainable urban development by aligning legal frameworks with social realities.
Judicial Gatekeeping in Electoral Justice: The Constitutional Court’s Dismissal Procedure in Indonesian Regional Election Disputes Simplexius Asa; Marlyani Anita Seran; Moh. Imam Gusthomi; Abu Bakar Munir
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.v7i3.49871

Abstract

Electoral dispute resolution has become a critical pillar for safeguarding democratic legitimacy in Indonesia, particularly as regional head elections have led to an increasing number of legal disputes. In the 2024–2025 electoral cycle alone, the Constitutional Court registered 309 lawsuits against regional election results, but only a small fraction made it past the dismissal stage. Although normatively justified as a means of ensuring efficiency under strict constitutional deadlines, the dismissal procedure has evolved into a decisive gatekeeping function whose application significantly shapes access to constitutional justice. However, concerns are growing about inconsistencies in judicial reasoning, disparities between similar cases, and the potential erosion of legal certainty, particularly evident in conflicting rulings in disputes such as Boven Digoel and Belu. This study critically examines the philosophical–juridical basis and practical implementation of the dismissal procedure in electoral adjudication in Indonesia. Drawing on doctrinal analysis and empirical examination of selected cases, this study investigates whether the mechanism fulfills its normative purpose while maintaining justice, certainty, and equality before the law. The findings reveal structural tensions between procedural efficiency and substantive justice, highlighting how the exercise of judicial discretion at the dismissal stage can both enable and limit electoral accountability. The study contributes to constitutional scholarship by reframing dismissal as a judicial gatekeeping doctrine and offering analytical criteria, such as doctrinal predictability, procedural transparency, and access optimization for assessing coherence and transparency in screening practices. Building on these criteria, the study proposes concrete measures for legal reform: standardized, publicly reasoned dismissal templates; inter-panel doctrinal harmonization guidelines; and a state-supported legal aid scheme for petitioners from resource-limited regions, offering the Constitutional Court, lawmakers, and election administrators an actionable roadmap for strengthening procedural safeguards, enhancing public trust, and promoting more consistent standards in electoral dispute resolution.
The Urgency of Registering Land Lease Agreements for Foreign Nationals Michelle Tiffani Dea Nugroho; Mochamad Rizqi Zia Ul’haq; Dewi Sulistianingsih; Pujiono Pujiono
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.v7i4.59347

Abstract

The increasing use of long-term land lease agreements by foreign nationals in Indonesia has raised significant legal concerns regarding the effectiveness of the nationality principle under the Basic Agrarian Law. Although lease agreements constitute valid contractual relationships under the Indonesian Civil Code, the interaction between private law, agrarian law, investment law, and land administration regulations has created legal gaps and regulatory disharmony that enable foreign nationals to obtain de facto long-term control over land without formally acquiring ownership rights. This study aims to analyse these normative inconsistencies, examine how lease agreements may function as instruments of legal smuggling (fraus legis), and formulate an appropriate regulatory reform model. Employing a normative juridical method based on statutory, conceptual, comparative, and case approaches, this study analyses Indonesian legislation, compares regulatory frameworks in Singapore, Malaysia, and Thailand, and examines the PARQ Ubud case as evidence of the practical consequences of regulatory fragmentation. The findings demonstrate that the principal weakness of the current legal framework lies not in the legality of lease agreements themselves, but in the absence of mandatory registration, limitations on lease duration, and effective administrative supervision. This study contributes to Indonesian agrarian law by reconceptualising legal smuggling beyond traditional nominee arrangements, identifying legal gaps and regulatory disharmony across multiple legal instruments, and proposing a regulatory reform roadmap centred on the mandatory registration of land lease agreements involving foreign nationals to strengthen legal certainty, administrative oversight, and sustainable land governance.
Regulatory Sandbox for Ex-Ante Data Protection in the Digital Rupiah (CBDC) Pilot: A Doctrinal Comparison Wardah Yuspin; Arief Budiono; Turdialiev Mukhammad Ali Polatjon ogli; Jompon Pitaksantayothin; Naeem Rakha Allah
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.v7i3.44027

Abstract

The transformation of digital payments has prompted central banks to explore Central Bank Digital Currency (CBDC) as a new form of monetary infrastructure. However, CBDC is not merely a payment instrument; it also establishes a data processing regime, as transactions can be recorded, traced, and systematically processed. Existing studies on CBDC and privacy generally discuss design options or anonymity, but they rarely explain how personal data protection compliance should be tested before a CBDC pilot is expanded. This article addresses that gap by examining how the Digital Rupiah pilot can be designed as an ex-ante mechanism for testing compliance with Indonesia’s Personal Data Protection Law. The novelty of this article lies in its proposal of a rights-based regulatory sandbox model that integrates CBDC architecture, tiered KYC, data minimization, access governance, and remedial mechanisms into a single operational compliance framework. Using a normative legal approach and comparative method, this article interprets Indonesia’s PDP Law. It compares it with Uzbekistan’s data protection framework as an analytical mirror for assessing how processing controls and architectural requirements influence CBDC design. The article contributes to scientific knowledge by formulating a norm-to-control sandbox model that translates data protection principles into testable indicators, including purpose limitation, role-based access controls, audit trails, retention limits, and go/no-go compliance criteria. The findings show that the legitimacy of the Digital Rupiah pilot should not be measured only by technical performance or payment efficiency, but also by whether the sandbox can prove that data processing is lawful, proportionate, transparent, and auditable before wider implementation.
Reconstructing Legal Protection of Mining-Affected Communities’ Rights through Participatory Justice in Indonesia Riezka Eka Mayasari; Syamsul Bachri; Muhammad Basri; Nizamuddin Alias
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.v7i3.53936

Abstract

Mining activities in Indonesia have contributed significantly to economic development, but have also generated adverse impacts on communities living in mining-affected areas. The existing legal framework predominantly emphasizes compensation for losses while providing limited protection of community rights through meaningful participation in mining governance. This study aims to reconstruct the legal protection of mining-affected communities’ rights through a participatory justice approach within Indonesia’s mining governance system. The main problem addressed in this research is the inadequacy of current regulations in ensuring substantive and procedural rights for communities affected by mining operations. This research employs a normative legal method, drawing on statutory, conceptual, and comparative approaches, to analyze mining regulations, legal doctrines, and relevant governance principles. The findings reveal that current regulations tend to position mining-affected communities as beneficiaries of compensation rather than as rights holders with the capacity to participate in decision-making processes. As a result, community involvement remains limited, legal protection is fragmented, and social conflicts frequently arise due to unequal power relations between mining companies and local communities. The study further finds that the absence of effective mechanisms for participation, transparency, accountability, and equitable benefit-sharing weakens the realization of justice in mining governance. This research concludes that the reconstruction of legal protection should be based on participatory justice by strengthening community participation, recognizing both substantive and procedural rights, and establishing inclusive governance mechanisms. Such reconstruction is expected to enhance legal certainty, reduce conflicts, and promote a more equitable and sustainable mining governance system in Indonesia.
Redesigning Legislation in the Era of Industry 4.0: Toward a Technology-Responsive Regulatory Framework in Indonesia Rahmat Dwi Putranto; Indah Sri Utari; Ratih Damayanti; Salman Alfarisi; Umar Mubdi
Journal of Law and Legal Reform Vol. 7 No. 4 (2026): October, 2026 (In Press)
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i4.63944

Abstract

The rapid development of Industry 4.0 technologies, including artificial intelligence, big data, the Internet of Things, automation, blockchain, and digital platforms, has fundamentally transformed social, economic, and governmental activities and generated increasingly complex regulatory challenges. These technological transformations require legislation to move beyond conventional and predominantly reactive approaches toward a more adaptive, anticipatory, and technology-responsive regulatory design. In Indonesia, significant reforms have been introduced to improve the legislative process, including recognizing electronic law-making and strengthening meaningful public participation. Nevertheless, the existing legislative framework remains insufficiently responsive to the speed, complexity, uncertainty, and cross-sectoral nature of technological change. The central problem is therefore not merely the absence of technology-related regulation, but the inadequacy of the existing legislative design to anticipate technological developments, maintain regulatory coherence, incorporate technological expertise, and ensure continuous public participation and regulatory evaluation. This study examines the need to redesign legislation in the era of Industry 4.0 and to formulate a technology-responsive regulatory framework for Indonesia. Using a socio-legal approach, the study examines legislation, regulatory policies, institutional practices, and the interaction between technological transformation and legal development. The findings show that Indonesia needs to shift from a reactive legislative model to an adaptive, anticipatory model characterized by technological foresight, evidence-based lawmaking, regulatory coherence, interdisciplinary expertise, meaningful digital participation, regulatory experimentation, and continuous monitoring and evaluation. Accordingly, this study proposes a technology-responsive legislative framework that integrates technological assessment into the legislative cycle, strengthens institutional and expert capacity, facilitates inclusive digital participation, and establishes mechanisms for periodic regulatory review. The proposed framework supports a more adaptive, coherent, participatory, and future-oriented legislative system that can respond to technological transformation while safeguarding legal certainty, accountability, public interests, and fundamental rights.

Page 18 of 18 | Total Record : 179

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