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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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The Legal Reform of Trademark Protection and Dispute Mitigation: Lessons From Licensing Well-Established Brands in Indonesia Sujatmiko, Agung; Romadhona, Mochamad Kevin; Keizer, Patrick; Antons, Christoph
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.vol5i2.3467

Abstract

This paper explores the intricate landscape of trademark protection within the realm of Intellectual Property Rights (IPRs). Trademarks, emblematic of brand identity and consumer trust, wield significant economic value and reputation. However, they are increasingly vulnerable to infringement, posing challenges to both proprietors and regulatory bodies. Against this backdrop, the efficacy of license agreements as a mechanism for mitigating trademark infringement is examined. Through a comprehensive analysis of contract law principles, including freedom of contract and good faith, this study elucidates strategies for bolstering trademark protection. Drawing upon legislative frameworks, contextual analysis, and case law, the paper proposes a nuanced approach to navigating trademark-related disputes. By fostering transparent and mutually beneficial relationships between brand owners and licensees, this framework seeks to uphold the integrity of trademarks while safeguarding market integrity. Ultimately, the paper advocates for a collaborative effort among stakeholders to ensure equitable practices and uphold the sanctity of trademarked goods and services in the global marketplace.
Supervision in Integrated Justice: Legal Reform and Constructive Enforcement in the Criminal Justice System Widyawati, Anis; Arifin, Ridwan; Aisy, Rohadhatul; Abidah, Shofriya Qonitatin; Setyanto, Heru
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.vol5i2.3886

Abstract

The contemporary criminal justice system faces multifaceted challenges, particularly concerning the efficacy of supervision mechanisms. This study delves into the pivotal role of supervision within the framework of integrated justice, advocating for legal reform and constructive enforcement strategies. The primary objective is to elucidate the necessity of reforming criminal execution practices to enhance the overall effectiveness and fairness of the criminal justice system. Methodologically, this study adopts a socio-legal approach, Research data were obtained from interviews, observations, interpretation of documents and materials as well as persona experience. In accordance with the constructivism paradigm and then in making observations researchers take a position as facilitators using participatory principles. Results underscore the critical need for recalibrating supervision approaches, emphasizing proactive intervention, rehabilitation, and community engagement. By synthesizing theoretical insights with practical considerations, this paper offers actionable recommendations for policymakers, law enforcement agencies, and judicial authorities to optimize supervision practices in the pursuit of justice reform.
Understanding Carok in Madura: Legal Reform from Criminal Law and Islamic Law Perspective Haris, Haris; Al-Fatih, Sholahuddin; Nur, Muhammad
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.vol5i2.3921

Abstract

This article aimed to describe Carok nowadays from the perspective of criminal law and Islamic law. Carok is a traditional sort of vengeance or conflict seen in specific parts of Indonesia, particularly Madura, East Java. It usually consists of armed battles between groups or people, often resulting from long-standing feuds or disputes over land, honour, or revenge. Carok episodes can be violent and even fatal, and they are firmly ingrained in local cultural and social dynamics. A feeling of honour and pride frequently drives conflicts, and they can be difficult to resolve through normal legal processes. Carok was well-known for the Madurese killing (maybe similar to Hara-kiri in Japan, Sati in India, and so on), which moved on from the beginning as honour killing to nowadays as criminalization. This article intends to conduct legal research, similar to socio-legal research, due to the experience of the author(s) as Madurese, and involving several native Madurese people and figures in the research, such as religious leaders and law enforcers. As a result, this article found that Carok nowadays has identical meanings and punishment in Indonesian criminal law and Islamic law.
Optimizing Expertise through Commercial Intellectual Property Achievement to Support Research Output Downstreaming: External Aspects in Policy Reform Riyanto, R Benny; Prajanti, Sucihatiningsih Dian Wisika; Fibrianti, Nurul; Karsinah, Karsinah
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.vol5i2.6455

Abstract

This study investigates the optimization of faculty expertise by leveraging commercial intellectual property (IP) achievements to facilitate the downstreaming of research outputs. It explores how universities can enhance their research impact and contribute to societal and economic development by effectively commercializing their intellectual assets. Emphasizing external aspects in policy reform, the research examines the intricate intersection of academia, industry, and legal frameworks. By aligning academic endeavors with policy reform initiatives, universities can create a conducive environment for knowledge transfer and innovation diffusion. This paper underscores the significance of integrating commercial IP achievements into academic practices to bridge the gap between research and real-world applications. Through strategic partnerships with industry and effective utilization of legal mechanisms, universities can maximize the commercial potential of their intellectual assets. Furthermore, by fostering a culture of innovation and entrepreneurship among faculty members, universities can drive impactful research outcomes that address societal challenges and fuel economic growth. The findings suggest that policymakers play a crucial role in shaping the regulatory landscape to incentivize and support commercialization efforts within academia. By implementing policies that streamline IP management processes and provide adequate funding and infrastructure support, governments can foster a vibrant innovation ecosystem that promotes collaboration between academia and industry. Ultimately, this study advocates for a holistic approach to research commercialization that integrates academic, industrial, and policy perspectives to maximize societal benefits and promote sustainable development.
Economic Assistance as a Form of Non-Penal Policy in Countering Terrorism for Ex-Prisoners in Indonesia Masyhar, Ali; Murtadho, Ali; Aisy, Rohadhatul; Abu, Roziya
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.vol5i2.7558

Abstract

This study highlights the critical role of economic assistance as a non-penal policy in countering terrorism among ex-prisoners in Indonesia. Economic stability emerges as a significant factor in mitigating criminal behavior, particularly terrorism, by addressing the economic roots of radical ideologies. Traditional counterterrorism measures in Indonesia have predominantly focused on punitive approaches, targeting individuals who have committed terrorism offenses through formulation, judicial application, and executive enforcement of penal policies. However, there is an increasing recognition of the limitations of solely punitive measures in preventing recidivism and addressing the broader socio-economic factors that contribute to radicalization. The findings underscore the efficacy of economic interventions in disrupting the cycle of terrorism by providing viable alternatives to individuals vulnerable to radical ideologies due to economic hardships. By offering economic assistance, such as vocational training, job placement programs, and financial support, governments can empower ex-prisoners to reintegrate into society positively. This approach not only enhances the economic stability of former offenders but also reduces their susceptibility to re-engaging in terrorist activities. Moreover, integrating economic welfare assistance into broader counterterrorism strategies promotes a holistic approach that complements punitive measures with preventive measures. It acknowledges the need for synergy between punitive and non-penal policies to effectively combat terrorism. Such integrated strategies are essential for long-term success in reducing terrorism by addressing its socio-economic underpinnings and fostering sustainable peace and stability. In conclusion, this study advocates for the prioritization and implementation of economic assistance programs tailored for ex-prisoners in Indonesia as a crucial component of comprehensive counterterrorism efforts. By investing in economic stability, governments can effectively undermine the appeal of radical ideologies and contribute to lasting security and societal resilience.
Resolving Disputes Arising from Land Acquisition for Public Purposes Involving Indigenous Peoples in the Nusantara Capital Region Permadi, Iwan; Masykur, M. Hamidi; Herlindah, Herlindah; Wicaksono, Setiawan; Ahmad, Md Yazid
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.v5i2.731

Abstract

This research endeavors to investigate the intricate process of dispute resolution pertaining to conflicts that emerge between indigenous communities inhabiting the candidate site for the State Capital (Nusantara Capital City) and the Nusantara Capital Authority, a ministry-level institution endowed with the responsibility of overseeing regional administration within the Nusantara Capital City. Spanning an expansive 256,142 hectares of land, the Nusantara Capital City landscape harbors a mosaic of 17 indigenous communities in North Penajam Paser Regency and 34 indigenous communities in Kutai Kertanegara Regency, collectively comprising over 20,000 members, as documented by the Indigenous Peoples Alliance (Aliansi Masyarakat Adat). The procurement of land for the Nusantara Capital City's expansion has engendered protracted conflicts, notably pertaining to the resettlement of indigenous communities and the determination of suitable compensation areas. These conflicts persist without the presence of regulatory safeguards that could protect the rights and interests of indigenous communities while satisfying the exigencies of Nusantara Capital City development. The Indigenous Peoples Draft Law, despite its relevance, fails to address the intricacies of resolving disputes arising from land acquisition for public purposes. Similarly, the existing frameworks for land acquisition designed for public interest do not adequately address conflicts involving indigenous communities that lack legal recognition. Consequently, this research endeavors to propose a comprehensive conflict resolution framework rooted in the fundamental human rights of indigenous peoples, while also accommodating the imperatives of developmental investment. This approach seeks to strike a harmonious balance between the preservation of indigenous rights and the fulfillment of Nusantara Capital City's development needs.
Legal Reform the Meaning of Final and Binding Decisions of the Consumer Dispute Resolution Agency (Review of the Consumer Protection Act and Supreme Court Cassation Decision) Rehman, Nayila; Masykur, M. Hamidi; Wicaksono, Setiawan
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.v5i2.2508

Abstract

Consumer disputes in Indonesia can be resolved outside the court system through the Consumer Dispute Settlement Agency (BPSK), which issues decisions considered final and binding. Despite this, the legal framework permits objections to these decisions at the District Court, and further appeals to the Supreme Court, leading to considerable legal uncertainty. This research seeks to clarify the true nature of final and binding as applied to BPSK decisions under Article 54(3) of Law 8/1999. Utilizing a normative juridical approach with both statute and case law analysis, the study highlights a critical inconsistency: the finality of BPSK decisions does not align with the finality of Constitutional Court decisions. While regulations such as Kepmen 350/2001 and Perma 1/2006 were introduced to address these issues, BPSK still encounters practical difficulties in implementing Law 8/1999 effectively. The urgency of this research is underscored by the ongoing legal ambiguity surrounding BPSK decisions, which undermines public confidence and the effectiveness of the dispute resolution process. The findings reveal that despite regulatory attempts, the current legal framework fails to provide the necessary clarity and consistency. To address these challenges and enhance legal certainty for the public, this study advocates for a revision of the Consumer Protection Act (UUPK). Such a revision would ensure a more coherent and reliable framework for final and binding decisions by BPSK, thereby improving the overall efficacy of consumer dispute resolution in Indonesia.  
The Direction of Indonesia’s Legal Policy on the ASEAN Mutual Legal Assistance Treaty in Criminal Matters: A Path to Law Reform in Cross-Border Crime Enforcement in Southeast Asia Arifin, Ridwan; Rodiyah, Rodiyah; Waspiah, Waspiah; Amandha, Asyaffa Ridzqi; Krisnawati, Elizabeth Yunita; Sandi, Tirta; Napitupulu, Michael Timothy
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.v5i2.3206

Abstract

This research explores Indonesia’s legal policy on the ASEAN Mutual Legal Assistance Treaty in Criminal Matters (AMLAT) and its implications for law reform in the enforcement of cross-border crime in Southeast Asia. AMLAT plays a critical role in facilitating legal cooperation among ASEAN member states in criminal matters, addressing challenges posed by transnational crimes such as human trafficking, drug smuggling, and cybercrime. Despite its significance, Indonesia faces legal and procedural gaps in aligning its domestic legal framework with AMLAT provisions, creating obstacles in efficient criminal law enforcement across borders. The novelty of this study lies in its focus on Indonesia’s unique legal challenges and reform needs in the context of AMLAT, an area that has received limited scholarly attention. While previous studies have explored AMLAT’s role at a regional level, this research specifically investigates the legal and policy issues within Indonesia and how they affect broader ASEAN cooperation on cross-border crime. The urgency of this research is underscored by the increasing prevalence of transnational crimes in Southeast Asia, exacerbated by advancements in technology and globalization. A more robust legal framework is crucial for Indonesia to effectively collaborate with ASEAN members in combating these crimes. The contribution of this study is twofold. First, it provides a comprehensive analysis of the current state of Indonesia’s legal policy on AMLAT, highlighting key areas for legal reform. Second, it offers practical recommendations for policymakers to strengthen Indonesia’s role in regional legal cooperation, ensuring more effective cross-border crime enforcement in Southeast Asia.
Legal Reform for Victims in Criminal Justice System of Indonesia and Russian Juridical Review Wulandari, Cahya; Masyhar, Ali; Hassan, Muhamad Sayuti
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.v5i3.7322

Abstract

The realization of justice in a criminal process cannot be separated from the position of the victim in the criminal justice system. Victims as parties directly dealing with criminal acts certainly expect their rights and interests to be properly accommodated. This article is written based on a method of normative juridical research with a comparative approach in victim protection regulation in Russia and Indonesia. In the process of resolving criminal cases through the criminal justice system in Indonesia, the victim's interests are represented by the Public Prosecutor so that they do not have access to have their wishes heard further. Even though in Law Number 1 of 2023 concerning the Criminal Code, sentencing guidelines and purposes of sentencing have been regulated, which in this case requires the role of the victim and/or their family, and further regulation is needed in practice. This is of course very different from the position of the victim in the Criminal Procedural Code in Russia, which places the victim actively in the process of the criminal justice system. The presence of the prosecutor in court does not diminish the victim's right to fight for their rights, including by conducting private prosecution of the perpetrator in the form of material or immaterial compensation. To be able to realize the values contained in Pancasila which are not only as Grundnorm but also as Grundwerten, it is necessary to place this victim in the process of resolving criminal cases at every level in the criminal justice system
Between Reconciliation and Rights: The Judge Role in Child Advocacy in Algeria and Indonesia Chami, Yassine; Benseghir, Mourad; Alshawabkeh, Mohammad Abdallah; Putri, Viorizza Suciani
Journal of Law and Legal Reform Vol. 6 No. 1 (2025): January, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i1.6901

Abstract

This research highlights the significant differences in how Algerian and Indonesian legal system approach reconciliation during the divorce process, particularly concerning the protection of children’s rights. Through an analysis of legal documents and relevant literature, this study evaluates the practical application of these legal provisions. The findings indicate that, although reconciliation efforts are required by law, failure to carry out such efforts does not impact the validity of the divorce decision. This underscores the notion that reconciliation should be pursued as a meaningful effort without altering the essence of divorce law. This research also highlights the need for a more integrated approach that combines legal security and child protection in the context of divorce.

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