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Journal of Law and Legal Reform
ISSN : 27150941     EISSN : 27150968     DOI : https://doi.org/10.15294/jllr
Core Subject : Social,
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
Mineral and Coal Mining Regulatory Reform in Indonesia Rahman, Irsan; Basrawi, Basrawi; Widyawati, Anis; Suryani, Leony Sondang; Haris, Iyan Nurdiyan
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.19040

Abstract

Mining in Indonesia is a vital sector that contributes significantly to the economy. However, current regulations still reveals a number of weaknesses that impact environmental sustainability and community welfare. These include weak law enforcement, lack of transparency and public participation at all stages of mining activities, inadequate mechanisms to ensure corporate social responsibility and environmental and post-mining reclamation, provisions that are not responsive to changing social and environmental conditions, further exacerbating the situation. This research uses a normative legal research method with an analytical approach to the provisions of laws and regulations based on facts obtained from secondary sources by paying attention to the credibility of these secondary sources. The main findings of the research reveal that environmental problems arise due to misalignment between mining laws and environmental laws. Environmental laws are not positioned as a command to mitigate the environmental impact of mining, and issues are further compounded by overlapping regulations on mining reclamation. The welfare of the community remains an unfulfilled promise, as environmental economic rights are increasingly eroded by the provisions in Article 162 of Law No. 3 of 2020. The rampant illegal mining activities further harm state finances, exacerbated by the absence of sophisticated infrastructure to monitor mining areas and potential sites in real time using satellite imagery. Additionally, inadequate distribution of corporate social responsibility (CSR) funds has left mining and affected areas without proper support, highlighting the urgent need for CSR regulations in the future be regulated at the legislative level. Furthermore, regulatory efforts to adopt green technology remain insufficient, with a lack of fiscal incentives and investment protection for companies committed to sustainable practices. The situation is further worsened by the lack of transparency in the mining sector, further exacerbates the situation as there is still no clear mechanism to ensure accountability or provide the public with access to crucial mining operation data. Based on the complex mining problems from multi-sectors, the regulatory reform framework must involve authorized government institutions and involve public participation in regulatory reform and the outcomes of the rules formed can accommodate the protection of public participation and protection of public rights in mining, respond to effective law enforcement and provide great contribution to the state, society, and global collaboration.
Navigating the Legal Minefield: The Impact of Articles 27A and 27B of Indonesia's EIT Law on Freedom of Expression and the Path to Legal Reform Feka, Mikhael; Pujiyono; Sularto, R.B.; Pareke, JT.
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.v6i1.19116

Abstract

President Joko Widodo (Jokowi) officially approved the second revision of Law Number 1 of 2024 on the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions (EIT) on January 4, 2024, reflecting the government's effort to align regulations with the rapid development of information and communication technology. While this revision introduces significant changes, particularly Articles 27A and 27B regulate actions that attack a person's honor or reputation. The public views it as a missed opportunity to eliminate existing ambiguities and potential misuse. This research employs normative legal methods with statutory, conceptual and comparative approaches, adopting a descriptive-prescriptive nature. The analysis reveals that the unclear definitions and potential for multiple interpretations of Articles 27A and 27B negatively impact freedom of expression, creating fear and uncertainty among the public, journalists, and government critics. Furthermore, these provisions violate fundamental human rights principles and contradict the 1945 Constitution and the values of Pancasila, which uphold freedom of expression and social justice. Therefore, while this revision reflects an effort to address the challenges of the digital era, further revisions are necessary to ensure that the law not only meets the needs of law enforcement but also protects human rights, freedom of expression, and remains consistent with the 1945 Constitution and Pancasila. This will prevent the law from becoming a tool for suppressing critical voices and journalistic investigations, which are essential to a healthy democratic society.  
Reforming “Merariq”: Towards Harmonized Approach – Socio-culture, Islamic Law, and Biological Consequences Koesbardiati, Toetik; Kinasih, Sri Endah; Romadhona, Mochamad Kevin; Ida, Rachmah; Wahyudi, Irfan
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.v6i1.19642

Abstract

Research Objectiveness: The understanding of marriage is the process of binding, both physically and spiritually, between a man and a woman to become husband and wife aimed at forming a lasting, harmonious, and happy family based on the belief, this research aims to identify and analysis merariq culture in the aspects of socio-culture, legal, and health. Methods: This research is qualitative research using descriptive analysis. Qualitative study aims to explore the endogamous marriages in Mungkik, Pandan Wangi Village, Jerowaru Subdistrict, East Lombok, involved 24 women and girl (married, unmarried, and widower). Research findings: East Lombok's marriages are primarily merariq, a deeply ingrained tradition in the Sasak community. Elopement often arranged by parents, demonstrating bravery and maintaining family relationships. However, endogamous marriages in Merariq families can lead to health issues and genetic disorders. Among them, 75% of participants were admitted to endogamous marriages among relatives, and some parents forbid their children from marrying relatives due to guilt. Merariq marriages are decreasing due to the rupture of family ties. Elopement is a traditional rational action, low-risk, and based on customs and traditions. However, the community is unaware of the health risks and lacks prior socialization.
Know Your Customer (KYC) Model: A Legal Reform Strategy to Prevent Abuse of Financial Services in Child Sexual Exploitation Transactions Zentoni; Santoso, Budi; Tobing, David M. L.; Fernando, Zico Junius
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.v6i1.19651

Abstract

KYC (Know Your Customer) is a process undertaken by financial institutions to identify and verify the identity of their customers. The aim is to prevent financial crimes such as money laundering, fraud and terrorist financing. This Know Your Customer (KYC) model can be used as a strategic framework for financial institutions to prevent misuse of financial services including child sexual exploitation transactions that are rampant. The model emphasizes rigorous customer identification, verification and continuous monitoring of transactions to detect suspicious activity. By carefully understanding customer financial behavior, financial institutions can identify anomalies that may indicate illicit activities, including those related to child exploitation. Globally, financial service providers including major banks such as HSBC, JPMorgan Chase, and Citigroup, as well as digital payment platforms such as PayPal and Stripe exemplify and can play a key role in preventing child sexual exploitation. This research uses normative legal research methods. The nature of this research is descriptive-prescriptive. The result of this research states that in the future, financial institutions can implement strict KYC (Know Your Customer) policies, monitor suspicious transactions, and cooperate with law enforcement agencies from various countries. This comprehensive approach not only helps combat child exploitation, but also improves global regulatory compliance, thus maintaining the integrity of the financial system. The implementation of the KYC model involves collaboration with law enforcement and utilizes advanced technology for efficient data analysis and customer monitoring. Ultimately, this model serves to protect vulnerable populations while upholding ethical standards within the financial sector.
Raising Public Legal Awareness in the Digital Age: Global Practices and Indonesia’s Path Forward Serah, Yenny Aman; Jha, Gautam Kumar; Purwanto; Sirait, Resmaya Agnesia Mutiara; Astono, Agustinus
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.v6i1.19654

Abstract

This article explores the utilization of digital technology to enhance public legal awareness from a comparative global perspective. In the digital era, technology has become a significant tool for expanding access to legal information and empowering individuals to understand their legal rights and obligations. This study analyzes various global practices, including digital initiatives such as law-based mobile applications, e-learning platforms, social media-based legal awareness campaigns, and online legal aid systems. Furthermore, the article evaluates the necessary legal reforms to effectively support the use of digital technology in legal contexts, with a focus on Indonesia. By comparing approaches in countries such as the United States, the United Kingdom, and Scandinavian nations, this research provides recommendations to strengthen inclusive and equitable digital legal awareness strategies. The article underscores the importance of technological innovation in fostering a legally informed society and supporting legal transformation in the digital age.
Legal Reform in Business Dispute Resolution: A Study of Legal Pluralism in Indonesia, Vietnam, and Thailand Kurniawan, I Gede Agus; Samsithawrati, Putu Aras; Dharmawan, Ni Ketut Supasti; Disantara, Fradhana Putra; Chansrakaeo, Ruetaitip
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.21128

Abstract

Legal pluralism in the resolution of business disputes in Indonesia, Vietnam, and Thailand illustrates the intricate interplay between the particular and the general elements of the national laws, international laws, and other legal systems, which allow for flexibility in resolving disputes, but at the same time brings problems for legal integration and certainty for the business people. This study examines the role of legal pluralism in the resolution of business disputes in Indonesia, Vietnam, and Thailand. Legal pluralism creates an interaction between national law, international law, and other legal systems, providing flexibility in dispute resolution while also posing challenges to integration and legal certainty for business practitioners. The research approach employed is a legal study focusing on literature regarding legal pluralism and business dispute resolution systems. The analysis method used is normative-qualitative, utilizing legislative, conceptual, and comparative methods. The research findings show that legal pluralism in business dispute resolution in Indonesia, Vietnam, and Thailand offers flexibility but also creates legal uncertainty. In Indonesia, the coexistence of civil, Islamic, and customary law leads to overlapping jurisdictions. Vietnam's state-controlled legal system incorporates arbitration and mediation but struggles with enforcing international awards. Thailand balances civil law with Buddhist-influenced mediation, favoring informal resolution but facing enforcement challenges. While legal pluralism enhances accessibility to justice, its effectiveness depends on legal integration and enforcement mechanisms to ensure certainty and fairness in business disputes.
Personal Data Protection in Review of Legal Theories and Principles Supeno, Supeno; Rosmidah, Rosmidah; Iqbal, Syed Mohd Uzair
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.10252

Abstract

The abuse of personal data for certain interests and causing harm to other parties is often occur so that this raises concerns as a large community in conducting online transactions, in 2022 the President together with the Indonesian Parliament has enacted Law Number 27 of 2022 on Personal Data Protection (PDP) which aims to provide legal protection for the community against their personal data, this provides good hope to ward off various kinds of acts of misuse of personal data, the purpose of this study is to reveal the legal protection of customer data in online transactions after the legalization of personal data protection law seen from legal theory and how the personal data dispute resolution model is in line with the ultimum remidium principle. The type of research used is juridical-normative law using normative and theoretical approaches. The results showed that the protection of one’s privacy rights in online transactions is an embodiment of absolute right theory because the protection of privacy rights is a basic right that everyone must respect, the utilization of one’s privacy rights without the approval of the right owner is a violation of the law, the personal data dispute resolution model in the personal data protection law is not in following with the ultimum remidium principle, the personal data dispute by special organ with like such as the General Data Protection Regulation (GDPR) in the European Union, because it can resolve cross-border personal data cases.
Personal Data Protection in Political Party Information Systems in the Organization of General Elections: Concept and Law Reform Recommendations Rahim, Erman I.; Dukalang, Mohamad Afriyansyah; Tome, Abdul Hamid; Achir, Nuvazria; Ezzerouali, Souad
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.12942

Abstract

Exploiting citizens’ personal data by political parties within the Political Party Information System (SIPOL) database during the 2024 General Election has adversely affected the public. This paper examines the exploitation of citizens’ personal data by political parties via identity fraud from a legal standpoint, while also suggesting a framework for personal data protection and legal change. The primary aim is to offer conceptual proposals for safeguarding people’s personal data inside SIPOL and to suggest legal revisions to the Election Law and Political Party Law, therefore integrating requirements for personal data protection into the Personal Data Protection Law. This study utilized normative legal research methodologies, including a statute, case, and conceptual approach, to address the legal issues under examination. The research findings indicated that the illicit utilization of citizens’ personal data for political party membership adversely affects the individuals involved and constitutes a legal infraction. This article provides a framework for safeguarding people’s personal data within the SIPOL, alongside legal revisions to the Election Law and Political Party Law, which policymakers can address.
The Comparative Study: Protecting Children’s Rights Through Law Reform of Restorative Justice in Juvenile Cases Ismail, Dian Ekawaty; Ahmad, Nadzriah; Mantali, Avelia Rahmah Y.; Moha, Mohamad Rivaldi; Machmud, Andika Wardhana
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.13724

Abstract

The high influence of the internet plays a role in the increase in criminal acts that use children as the main perpetrators. In legal involvement on the part of the child as a suspect, the law must consider the mental aspects of the child. Children who come into contact with the law are often confronted with the Juvenile Justice System (JJS). The judge’s decision following the trial can have negative effects on the child. Restorative Justice through the implementation of Diversion is a step that law enforcement officials can take to prevent children from facing trial situations. This study aims to examine the implementation of Restorative Justice in juvenile cases and analyze its role in shaping character and safeguarding children’s rights amid the challenges of the digital era. This research used normative legal research by examining literature studies from primary and secondary legal materials. The results of this research indicate that the implementation of Restorative Justice in juvenile cases can be carried out in the Pre-Adjudication stage (investigation and inquiry), Adjudication stage (prosecution and trial), and Post-Adjudication stage (execution of sentences). Meanwhile, the implementation of Restorative Justice in building character and protecting children’s rights can be achieved through the integration of restorative justice principles, including education and awareness, rehabilitation approach, active participation of children, involvement of victims, use of alternative sanctions, collaboration with experts, respecting children, and developing social and emotional skills.
Criminalization and Punishment Policies in Administrative Disciplinary Law: A Comparative Study of Criminal Law from a Societal Perspective Sharaf Addin, Eltayeib Hussein Mahmoud
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.16488

Abstract

This study aimed to explore how society perceives disciplinary law (DL) policies in comparison to traditional criminal law, particularly in terms of criminalization and punishment. To achieve this goal, data was collected through a questionnaire-based survey involving 137 specialized respondents. The survey offers insight into the various aspects of DL, including its clarity, fairness, and effectiveness in deterring administrative violations and promoting discipline. The results indicated that whereas DL seems effective and fair, urgent reforms are necessary, especially in aligning its procedures and sanctions with those of criminal law. Furthermore, the findings highlighted the need for more precise definitions of misconduct and improved procedural fairness to strengthen public trust and enhance the law’s deterrent effect. Statistical tests reveal that respondents’ opinions are not neutral, with a general consensus in agreement with the statements. The study’s findings highlight the pressing need to review and reform the DL structure to confirm fairness, consistency, and impressionability, thereby advancing immediate action.

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