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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 Principle of Prudence and Scope Limitation in the Discussion of the Indonesian Constitutional Court: Implications for Legal Reform and Judicial Decision Making Esfandiari, Fitria; Fadli, Moh.; Tegnan, Hilaire
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.v6i1.8071

Abstract

The principle of precaution is understood as a preventive action in facing uncertainty or potential risks, especially when the potential impact of an action could be harmful. The Constitutional Court, whose decisions are final and binding, also applies this principle in its decision-making process. This research analyzes the relationship between the precautionary principle and the Justice Deliberation Meeting (RPH). The research method used was normative legal research with a statutory, conceptual, and philosophical approach. The study results affirm that the characteristics of Constitutional Court justices, viewed from the theory of authority, are unique. The theory of authority in law refers to the power or authority an institution or legal body possesses to make legitimate and binding decisions. In the context of the Constitutional Court, its decisions have a distinctiveness that reflects this institution’s special nature and responsibility. Furthermore, the Constitutional Court’s final decisions are binding, prioritize public interest, and use comprehensive evaluations in testing laws, reflecting the application of the precautionary principle in maintaining the integrity of the Constitution and justice for the entire society. In the case of RPH, justices should also apply the precautionary principle by considering all aspects and potential impacts of the law on the Constitution and the sense of justice in society.
Human Trafficking Prevention and Combat Under Regulations of International Law and Practice in Vietnam Thuong, Mac Thi Hoai
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.v6i1.10906

Abstract

      The situation of human trafficking crime is becoming increasingly complicated, evidenced by an increasing trend in severity, number of cases, and the use of sophisticated methods and tricks. Human trafficking is identified by the United Nations as one of the four most dangerous crimes in the world, as outlined in the Global Crime Prevention Program 2013. It is conducted by organized, transnational criminal groups. Therefore, international cooperation in addressing it is an indispensable and objective requirement. Vietnam has been actively participating in international commitments to combat human trafficking prevention, such as International Convention on the Rights of the Child (1989), the Optional Protocol to the International Convention on the Rights of the Child, Trafficking in Children, Child Prostitution and Child Pornography (2000), United Nations Convention against Transnational Organized Crime (2000), the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP Convention), among others. By analyzing both international and Vietnamese laws on human trafficking prevention, combined with the practice of anti-trafficking efforts in Vietnam, this paper highlights that while current Vietnamese law has been promoting its positive effects, some limitations and shortcomings need to be addressed in order to comply with international law and meet practical requirements of anti-trafficking efforts. Thereby, the paper proposes some recommendations for improving Vietnamese law on human trafficking prevention to align with the requirements of international legal standards and the actual needs of human trafficking prevention in Vietnam.
Impacts of Revising Criminal Wrongful Convictions on Judicial Credibility in China: A Cocktail Party Effect Analysis Said, Muhamad Helmi Md; Li, Yaoyao; Hassan, Muhamad Sayuti; Liu, Jingyu; Tinuk Dwi Cahyani
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.v6i1.11046

Abstract

In the Disruption Era, the revision of criminal wrongful convictions is vital to the protection of human rights. Moreover, it has a wide and profound impact on judicial credibility with complex mechanisms for shaping such impact. This commitment to rectify errors and uphold justice through criminal revision, while commendable, is overshadowed by a prevailing public perception that attributes such revisions to systemic deficiencies such as corruption, misuse of authority, and biased judicial decisions. This study delves into the intricate landscape of rectifying wrongful convictions by introducing the nuanced perspective of the Cocktail Party Effect (CPE), a sophisticated acoustic theory. The CPE's impact unfolds in three distinct stages—aptly termed "Screen-Mask-Polarize"—as the public navigates through the revision process. At its core, this study elucidates how signals emanate from wrongful conviction revisions to undergo automatic screening, influenced by the public's subjective preferences, thereby establishing a biased negative cognitive context. This cognitive bias, in turn, possesses the potential to erode public trust in the legal system and diminish confidence in the judiciary. Consequently, this comprehensive research offers insightful recommendations for judicial organs, the news media, and the public, complemented by two instrumental measures: the implementation of a state compensation system and the establishment of an accountability framework for wrongful convictions. The overarching goal of this study is to empower the public with the tools needed for a more objective and logical analysis of wrongful conviction revisions, fostering a nuanced understanding and trust in the criminal justice system.
Recognition of Indigenous Peoples Values in Indonesia for Policy Addressing Climate Change Rafiqi, Ilham Dwi
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.v6i1.11746

Abstract

Climate change has a significant impact on vulnerable communities; one of which is indigenous people. The dependence and closeness of indigenous people to the environment and natural resources have indicated that they must be the first to experience the negative impacts of climate change. This abstract focuses on the need of policy reform and strategies to deal with climate change in Indonesia through recognition of the environmental values amidst indigenous people. The current management of climate change in Indonesia shows that there are gaps and weaknesses in the participation of indigenous people for policy making and moves for climate change mitigation and adaptation. The article begins by explaining the guarantee of legal protection and identified the rights of people who are disturbed by the impacts of climate change, including examining whether existing climate change policies in Indonesia are in favor of indigenous people. Apart from that, the exportation of environmental values depicted by indigenous people in Indonesia is also a basis for proposing recognition about climate change handling policy strategies. To answer legal questions, legal and literature studies were chosen. The proposed recognition of environmental values would aim to protect and maintain the existence of indigenous people amidst the threat of climate change. Research findings would become suggestions to the government, starting with reforming problematic policies to taking further steps in recognition of prescribed environmental values. At the end, this article is strongly expected to contribute significantly to the midst of 'climate legislation' and the on-going formulation to generate strategies policy for handling climate change in Indonesia. For existing conditions, this article serves to be a consideration for the need of legal reform in handling climate change policy related to indigenous people.
Procurement Challenges in Universities: A Snapshot and Legal Reform Approaches to Resolution Fibrianti, Nurul; Rahayu, Sang Ayu Putu; Fidiyani, Rini; Putra, Tegar Islami; Prasetya, Rizky Andeza
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.v6i1.12361

Abstract

Procurement is not limited to the scope of goods but also extends to services. Therefore, it is essential to both quality goods and services. However, it cannot be denied that universities face various obstacles in terms of procuring goods and services, leading to several challenges. The problems addressed in this research are: (1) What are the issues faced in the procurement of goods and services at universities? (2) What is the problem-solving model for procurement of goods and services at universities? This research utilizes a qualitative approach, with a sociological juridical research method, or non-doctrinal research.
Financial Service Provider and Online Sexual Exploitation of Children: A Lacunae in Indonesia Legal Framework? Nelson, Febby Mutiara; Santoso, Topo
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.v6i1.14264

Abstract

Online sexual abuse and exploitation of children is a serious global issue nowadays. In Indonesia, data from the Ministry of Women’s Empowerment and Child Protection (KemenPPA) shows that the number of reported child violence cases reached 24,158 in 2023. Of this total, sexual violence was the most common, with 10,932 cases. The key problem lies in the gap within the Legal Framework for addressing Child Sexual Exploitation in Indonesia. The issue is becoming more serious because the financial sector also plays a role, as perpetrators use financial means to carry out their actions. This has not been adequately addressed by Indonesia’s legal framework. Although Indonesia has prohibited and imposed penalties for perpetrators of child sexual exploitation and online sexual exploitation (for example, through the Criminal Code, Child Protection Law, Law on Sexual Violence, Pornography Law, and Electronic Information and Transactions Law), efforts to address the misuse of the financial sector by perpetrators have not been reflected in laws governing the financial services sector (such as the Indonesia Financial Services Authority Law, Banking Law, Indonesia Financial Services Authority Regulations, etc.). This paper, through a doctrinal research approach, examines the extent to which Indonesia’s legal framework addresses child sexual exploitation in accordance with international standards, conventions, trends, and developments. By analyzing how other countries—such as England, Wales, Sweden, the United States, and Australia—handle child sexual exploitation, particularly in relation to financial service providers, Indonesia can learn valuable lessons. In conclusion, this paper finds that Indonesia’s legal framework is insufficient to address child sexual exploitation and abuse involving financial means.
The Politics of Criminal Law Behind the Mining Industry’s Image: Uncovering CSR Scandals in Indonesia Basrawi, Basrawi; Karim, M. Said; Ilmar, Aminuddin
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.v6i1.14464

Abstract

Corporate branding through Corporate Social Responsibility (CSR) programs has become a key strategy for many mining companies in Indonesia. CSR is supposed to be a tangible manifestation of a company’s contribution to social and environmental development around its area of operation. However, in practice, CSR is often just an image tool to improve the company’s reputation without having a significant positive impact on society. This article examines the phenomenon of CSR in the Indonesian mining sector, which is often involved in scandals and manipulative practices. The research highlights various cases where mining companies fail to fulfill their social responsibilities, manipulate CSR reports, and exploit local communities. Through a qualitative analysis approach, this article reveals that CSR programs in the mining sector are more often used as a means to improve public image than to make a real contribution to sustainable development. The conclusion of this study shows the need for supervisory reforms and clear rules related to criminal sanctions for misuse of CSR funds so that CSR implementation does not only become a means of imaging, but actually has a positive sustainable impact.
Criminological Review of Juvenile Delinquency in Society Due to Parenting in the Gen Z Era Junus, Irabiah; AM, Muhammad As Ari.; Yahyanto
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.v6i1.14467

Abstract

This study examines the phenomenon of juvenile delinquency in society with a focus on the influence of parenting patterns in the Generation Z (Gen Z) era. Juvenile delinquency, which includes deviant behavior and criminal acts, is increasingly complex along with technological developments and social change. Parenting patterns applied by parents, whether autocratic, permissive, responsive, or neglectful, contribute significantly to adolescent behavior. This research method involves literature analysis and surveys of adolescents and parents to understand the relationship between parenting patterns and delinquent behavior. The results show that responsive parenting patterns and parental involvement in children’s lives are positively related to good social behavior, while permissive or neglectful parenting patterns have the potential to increase the risk of delinquency. This study suggests the need for parent education programs and community involvement to create an environment that supports positive development for adolescents in the Gen Z era. By understanding the interaction between parenting patterns and adolescent behavior, it is hoped that effective prevention strategies can be produced to overcome juvenile delinquency in society.  
Land Border Dispute Resolution Model in the Involvement of Customary Leaders Between Indonesia and Timor Leste in the Oecussi Enclave Area Mangku, Dewa Gede Sudika; Yuliartini, Ni Putu Rai; Hartana; Kbarek, Lukas Norman; Monteiro, Seguito
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.v6i1.15606

Abstract

Indonesia and Timor Leste still have 4% of the land border that has not been agreed upon by the two countries, the fact is that the people who live on the border that is still being disputed have not accepted the implementation of international law which is the basis for resolving the border. However, this is precisely an obstacle when the state takes the main role, without considering the Traditional Leaders. This research will focus on efforts to reconstruct the role and existence of traditional leaders in the cultural dimension and the interconnectedness of local institutions, so that later a model for resolving state border disputes will be built with structured, legitimate cultural values that can be accepted by all components of society on the land border between the two countries, especially the Oecussi Enclave area. The outputs (products) of this research are the spectrum of the existence of traditional figures as local institutions based on religion in resolving disputes, a draft model for resolving land boundary disputes between Indonesia and Timor Leste in the Oecussi Enclave area, a draft mechanism for engineering public policies that are based on the cultural diversity of the Indonesian and Timor Leste communities, and scientific articles and intellectual property rights (IPR) on soft security based on culture in the role of traditional figures in resolving land boundary disputes between Indonesia and Timor Leste.
Posthumous Justice: A Socio-Legal Interpretation of Rights of The Dead P. C., Harigovind; P. S., Rakesh
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.v6i1.15929

Abstract

Rights have always been regarded as a subject matter of personhood. At the same time, the understanding of personhood has extended beyond the limit of living human beings. Today, the world has witnessed the transgression of the concept to non-human and even artificial entities. The core value of such recognition is to confer rights and thereby ensure their legitimate protection. To this conundrum comes a dead body, especially that of a human being. This paper attempts to delve into the aspects of personhood, the rights of the dead and the need of positive state action for protecting a person's dignity even after the end of their natural life. The discussion examines these aspects in the wake of various actions performed on the dead, which would otherwise be deemed offensive if the person was alive.

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