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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 133 Documents
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Paradigmatic Problems of Industrial Relation Dispute Settlement on the Perspective of Pancasila Industrial Relations Harianto, Aries
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2102

Abstract

Act Number 2 of 2004 Concerning the Settlement of Industrial Relations Disputes (PPHI Act) has several paradigmatic issues. It has been almost two decades since the PPHI Act went into effect. To adapt to shifting needs and consider changes, amendments have never been implemented. The impartiality of mediators who are not chosen by the disputing parties, the existence of ad hoc judges who are not law graduates, inconsistent standards relating to one's ability to testify in court, government interference, punishments, etc. are the fundamental issues. These facts emphasize that the Pancasila Industrial Relations Paradigm is not followed by the PPHI Act as a legislative ideal. It is not surprising that the justice and certainty that workers hope for are only dreams. Laborers no longer hold a strategic position as actors and objectives of national development because they have normatively become victims of injustice in industrial relations. In addition to identifying the normative inconsistencies between the Pancasila Industrial Relations Principles and the PPHI Act, this research aims to promote a shift toward a more just and equitable approach to resolving industrial relations disputes. This study belongs to juridical normative research by adopting the legal regulations as the object. It applies statutory, conceptual, and comparative approaches. The results show that the PPHI Act has paradigmatic problems. Essentially, it does not adhere to the values of Pancasila industrial relations. Thus, reformulation is highly recommended.
Regulation and Application of the Doctrine of Res Ipsa Loquitur in the Settlement of Consumer Disputes in Indonesia Suryamah, Aam; Yuanitasari, Deviana; Angela, Irene Maria; Assalihee, Muhammadafeefee
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2103

Abstract

Consumer disputes may be resolved by non-litigation or litigation, with the latter being reserved for extreme cases. Companies are obligated to pay customers' compensation claims. The parties to a dispute should not be unfairly treated when the burden of evidence is not evenly distributed. In order to avoid an unfair burden of evidence mistakes that hurt other parties, the burden of proof has to be examined case by case. Law No. 8 of 1999 on Consumer Protection specifies the burden of evidence in Article 28. When it comes to enforcing the law in Indonesia, doctrines are accepted sources of law from outside the country. An interesting topic for debate is the regulation and use of the res ipsa loquitur doctrine in consumer dispute resolution in Indonesia. This method has a normative legal bent. The Consumer Protection Law does not explicitly govern the res ipsa loquitur notion, even though it is acknowledged in Indonesian consumer dispute settlement. Applying res ipsa loquitur to consumer disputes may help ensure fairness, which is in line with the Consumer Protection Law's established reverse burden of proof.
Disparity in the Doctrine of Promissory Estoppel between Indonesia, the Philippines and the United Kingdom Bakung, Dolot Alhasni; Pham, Thanh Nga; Muhtar, Mohamad Hidayat
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2122

Abstract

There is a legal vacuum that regulates the settlement and legal consequences of pre-contractual promises between parties in Indonesia. This research aims to examine the legal application of the Promissory Estoppel Doctrine in filling legal gaps while comparing it with a number of Common Law countries, including England, which implemented this doctrine earlier. This research uses normative legal research using a comparative approach, case approach and conceptual approach. The sources of legal materials in this research consist of primary, secondary and tertiary legal materials. The application of the Promissory Estoppel doctrine to the Indonesian legal system can be done because there are similarities between the legal system in common law (England, the Philippines) and the legal system in Indonesia, so that courts in Indonesia can use this doctrine to fill legal gaps. Pre-contracts have been regulated in such a way both through legislation and the application of relevant legal doctrines in a number of developed countries. with the doctrine of promissory estoppel, an agreement that has not fulfilled certain conditions or objects, in this case a pre-agreement, can protect a party who has placed a trust in another party in the process of carrying out negotiations which causes him to carry out certain legal actions (rechtshandeling) and causes the birth of reliance. loss. Promissory estoppel is an important concept in English law however, the legal requirements for promissory estoppel may differ from country to country.
Reformulation of Commercial Court Authority Regulations Relation to the Arbitration Clause Al-Anshori, Huzaimah; Handayani, Emi Puasa; Jha, Gautam Kumar
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2144

Abstract

The issue of jurisdiction in dispute resolution within the Commercial Court arises when the contract designates an arbitration clause as the preferred mechanism for resolving disputes. In the contractual agreement between PT. Swadaya Graha and PT. Rayon Utama Makmur (RUM), the chosen forum for dispute resolution is stipulated to be the National Arbitration Board (BANI). However, concurrently, there is a proposal for dispute resolution within the Commercial Court framework concerning defaulted debt and receivable disputes in PKPU case number 45/Pdt.Sus-PKPU/2020/PN Niaga Smg. This has engendered a legal debate centring on the application of the "lex specialist derogat legi general" principle among the Arbitration Law, the Bankruptcy Law, and PKPU, with regard to the absolute jurisdiction of institutions authorized to examine, decide, and adjudicate incidents of defaulted debt and receivable disputes within the legal relationship between the PKPU Petitioner and the Respondent. The PKPU process is structured within a contract that includes an arbitration clause as the designated dispute resolution mechanism. Given the complications and hurdles posed by these issues, there is a pressing need for legal certainty in the future. Furthermore, there has been a conflict of norms between the Arbitration Law the Bankruptcy Law and PKPU, as evidenced in PKPU case number 45/Pdt.Sus-PKPU/2020/PN Niaga Smg. Hence, a reformulation of the Bankruptcy Law and PKPU regulations is essential to harmonize them with evolving norms and address emerging issues. A vital aspect of this reformulation involves the potential removal or replacement of Article 303 of the Bankruptcy Law and PKPU.
Enhancing Legal Certainty for Consumers in Apartment Unit Trade: A Comparative Analysis of Dispute Settlement Agreements in Indonesia and the Netherlands Yuniyanti, Salma Suroyya; Siska, Frency; Dian, Azni binti Mohd
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2159

Abstract

The purpose of this study is to analyze the dispute settlement binding Trade Agreement (PPJB) unit flats through litigation in Indonesia compared to the Netherlands and to analyze the reconstruction of the law in dispute resolution PPJB in Indonesia to provide legal certainty. The main problem in this paper is that the dispute resolution of the binding Trade Agreement in Indonesia has not provided legal certainty due to court decisions that are difficult to implement due to weak supervision. This research method is normative research with a comparative approach. The urgency of this study is that 276 PPJB disputes in Indonesia are resolved through the courts are difficult to implement. The novelty of this study lies in the researchers ' efforts to reconstruct the law of flats, especially in the implementation of PPJB dispute court decisions. The results showed PPJB dispute settlement unit flats through litigation, experienced obstacles in the application of the judge's ruling, which won the consumer as the injured party. The obstacles to the application of the ruling do not provide legal certainty for consumers. In the Netherlands, the settlement of flat sale and purchase disputes is carried out through non-litigation channels that are more effective in providing legal certainty. Legal reconstruction in PPJB dispute resolution in Indonesia to provide legal certainty that is to accommodate the provisions of supervision for putting the court's decision into action or arbitration decisions in PPJB dispute resolution, as outlined in the provisions of Article 105 of the flats law.
The Role of Music Aggregator Distribution Toward Music Performers in View of the Three Pillars of the Copyright System Attamimi, Zeehan Fuad; Tajudin, Amalina Ahmad; Umar, Fadhil
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2201

Abstract

One of the works of art that is closely related to human life and economic value is music. The existence of music and songs include the scope of intellectual property copyright section. Copyright arises automatically to get protection and has economic value for its creator. Music actors, in this case the creator, can publish the results of their creativity more quickly to the general public through Music Aggregator. This becomes a commercial digital service provider in the form of a digital streaming plaform by distributing music that can be accessed anywhere and by anyone. This approach seeks to review the role of Music Aggregators in carrying out the distribution of music to the music performers in terms of the three pillars of the copyright system, namely by reviewing legislation number 28 of 2014 concerning copyright. In this case, as government support in making regulations that guarantee the rights of creators and legal protection of the works produced, it has been fulfilled but not fully because there is no specifically regulated copyright protection on digital platforms (Regulation). Infringement of musical copyright works on digital streaming platforms needs to be addressed through effective and efficient law enforcement, employing both litigation and non-litigation processes (Law Enforcement). The National Collective Management Institute, authorized to oversee the commercialized management of musical copyright works by Music Aggregators, play an important role in optimizing the function of royalty management. This involves facilitating the relationship between Music Actors as copyright holders and Music Aggregators as copyright users (Management).
Measuring Ex Officio Judge Rights and Application of the Ultra Petitum Partium Principle in Deciding Cases in Religious Courts Ali, Moh
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2314

Abstract

The judge carries out the authority to try based on independent judicial power. Judges in examining cases are guided by, among other things, two things: making decisions based on applicable laws and regulations and being obliged to explore the values that live in society. The procedural law of the religious courts also originates from the civil procedural law, which applies to general courts. One of the distinctive characteristics of civil cases is the judge's restriction not to grant the petitum of a lawsuit that was not requested by the plaintiff (ultra petitum partium). The threat to the ban on the use of the ultra petitum partium principle is that the decision is declared null and void. On the other hand, in practice, judges at religious courts often use ex officio rights to decide something that was not requested by the plaintiff, not even limited to that; instead, the judge adds a ruling that benefits the defendant. This often occurs in examinations of cases of marital dissolution filed by the husband (cerai talak) or by the wife (cerai gugat), and in some cases, it also occurs in claims for the division of joint assets in a marriage. The judge's consideration of using ex officio rights and going beyond ultra petitum partium is to provide balance in court decisions. In addition, it is also based on the concepts of justice and benefit. The application of ex officio rights by judges needs to be explained in laws and regulations. This is to guarantee legal certainty and the understanding of judges and justice seekers so that limiting the use of rights officio, does not conflict with the principle of ultra petitum partium.
The Character of Peace in Judges’ Customary Criminal Receptions as Restorative Justice Kusmayanti, Hazar; Putri, Sherly Ayuna; Fakhriah, Efa Laela; Rajamanickam, Ramalinggam
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2518

Abstract

The idea that restorative justice primarily derives from indigenous communities' beliefs, which have existed for a very long time and have evolved into customary law from generation to generation, gave rise to the term restorative justice in Indonesia. According to Article 5 paragraph (1) of the Judicial Power Law, it is the duty of the judge to investigate, adhere to, and comprehend the legal values and sense of justice that exist in society. The author of this study will examine how judges in courts use restorative justice in the process of interpreting local customary law to avoid conflicts with it. And discover what challenges judges in court face in accepting this customary law. The author's research strategy is normative juridical and is based on primary, secondary, and tertiary legal resources. According to research, district court judges can significantly contribute to the realization of restorative justice in the context of customary criminal law by having a thorough understanding of customary law, employing a mediation approach, enforcing restorative sanctions, offering education and counseling; and placing a high priority on reconciliation. The current national criminal justice system can be viewed as failing to represent the interests of victims. The social background of the judge's origin, the judge's educational background, the judge's ethnicity, and the environment at the time of the hearing are all barriers to judges accepting customary law in their decisions.
Regional Government According to the 1945 Constitution: Ideas Refinements and Law Reform Mukhlis, Muhammad Mutawalli; Maskun, Maskun; Tajuddin, Muhammad Saleh; Paidi, Zulhilmi
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.3125

Abstract

The concrete division of authority for government affairs between the center and the regions is still a matter of debate to this day, even though in principle the principle of broadest autonomy requires regional governments to carry out government affairs independently and freely. The principle of broadest autonomy in question is the independence of regional heads' powers. This research discusses things that hinder the role of regional governments in administering government according to the principle of broad autonomy and provides ideas for government models that are in accordance with the principles of concrete and pure autonomy in accordance with the mandate of the Indonesian constitution. This research aims to establish a regional government system that regulates the implementation of autonomous government in accordance with the principle of the widest possible autonomy as mandated by article 18 of the 1945 Constitution. This research is qualitative research, which is a normative legal study using a statutory, conceptual approach. and doctrinal. The material collection technique is through literature review, then the material is processed and analyzed in depth and presented in a descriptive analytical prescriptive manner. The results of this research found that there is a need for comprehensive management of regional affairs by regional heads as an embodiment of the principle of broadest autonomy.
Legal Reform of Artificial Intelligence's Liability to Personal Data Perspectives of Progressive Legal Theory Junaidi, Junaidi; Pujiono, Pujiono; Fadzil, Rozlinda Mohamed
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i2.3437

Abstract

Advances in technology help people carry out their activities more easily. One of them is artificial intelligence which is used in various fields. However, the use of Artificial Intelligence has a negative impact, such as the emergence of Artificial Intelligence actions that violate ethics, legal regulations, or harm other parties that must be accounted for. The purpose of the research is to find out the legal liability of Artificial Intelligence for misuse of personal data based on progressive legal theory and the protection of personal data against the use of Artificial Intelligence based on Law Number 27 of 2022. The research method used normative legal research focuses on active legal inventories, legal principles and doctrines, legal discovery in specific cases, legal systems, levels of uniformity, comparative law and legal history. The research found that the use of Artificial Intelligence in collecting and analysing personal data can threaten individual privacy. Indonesia already has Law Number 27 of 2022 concerning Personal Data Protection, for the application and implementation of the law there is no governing Government Regulation, so that the legal protection provided is still not optimal. For this reason, it is necessary to have laws and regulations that specifically regulate the use of Artificial Intelligence, so that violations of the law that result in losses due to the use of Artificial Intelligence that can collect and analyse personal data can be held legally responsible.

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