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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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Legal Reforms on Femicide in Indonesia: The New Criminal Code, Victim Protection, and the Role of Islamic Law Adyan, Antory Royan; Anditya, Ariesta Wibisono
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.v6i2.18939

Abstract

Femicide, the killing of women based on their gender, is a grave issue with widespread societal implications. This phenomenon reflects the high level of gender-based violence and demands urgent attention from all sectors, including the government, legal institutions, and society at large. This study aims to examine femicide within the context of national law, victimology, and Islamic law, with a focus on the protection and justice for victims in Indonesia. This research utilizes normative legal methods by adopting statutory, conceptual and comparative approaches. The nature of this research is descriptive-prescriptive. The collected data is analyzed using content analysis method. The findings of this research indicate that Law No. 1 of 2023 on the Criminal Code regulates various forms of murder, including premeditated murder and serious maltreatment, with different sanctions. The articles in this law, while not specifically mentioning femicide, provide an important legal framework for prosecuting perpetrators of violence against women that leads to death. Despite not explicitly using the term “femicide,” these provisions establish a protective framework for women against extreme violence. Learning from countries such as Mexico, Spain, India which have clear femicide laws, can strengthen the legal framework in Indonesia, and integrating Islamic principles, such as the sanctity of life emphasized in Surah Al-Ma’idah verse 32, Surah An-Nisa verse 93, Surah Al-Isra verse 33, Surah An-Nisa verse 1, Surah Al-Baqarah verse 195, and Surah Al-Mumtahanah verse 8, with modern laws can further strengthen efforts to combat femicide. A holistic approach, including prevention, protection, and healing for victims, is essential to creating a safer environment for women and ensuring justice.
Inconsistency in the Formulation of Article 2 and Article 3 of Law No. 31 of Corrupt Practices Eradication Law and Disparity in Criminal Penalty for Mining Corruption in the Practice of Law Enforcement Suastuti, Eny; Minarno, Nur Basuki; Sufyan, Akhmad Farid Mawardi; Poernomo, Gatoet
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.v6i3.19111

Abstract

This research discusses the transformation of understanding and law enforcement of the elements of Article 2 and Article 3 of the Corruption Eradication Law. The element against the law is Article 2 of the Corruption Eradication Law. In contrast, the element of abuse of authority is the core of the offense in Article 3 of the Corruption Eradication Law. Thus, it is inappropriate to indict the perpetrators of mining corruption with an alternative form of indictment between Article 2 and Article 3 of the Corruption Eradication Law. Inconsistencies in formulating the elements of the offense and the parameters of the article have resulted in disparities in punishment, errors in assessing the existence of abuse of authority by using unlawful parameters and mixing the application of the two articles. This can be viewed in several Supreme Court Decisions in mining corruption cases, where the elements and subjects of the offense are interchangeable. This research aims to study the inconsistent formulation of the elements of the offense in Article 2 and Article 3 of the Corruption Eradication Law, which has led to disparities in punishment in mining corruption cases. This study is conducted by analyzing several Supreme Court Jurisprudence. This research employs normative research with a statutory approach, concept approach, and case approach. The results of this study aim to provide a recommendation on the concept of against the law and abuse of authority in the Corruption Eradication Law.
Legal Certainty on the Implementation of Post Mining Land Reclamation of Unlicensed Coal Mining as an Effort to Preserve the Environment in Indonesia Sonda, Suarni; Alqadri, Dinar; Reumy, Ludia Jemima I.R.; Bym, Ernita Rahmadhani; Fahd, Abo
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.v6i2.19112

Abstract

Indonesia, as a country with potential natural resources such as coal, faces major challenges in tackling the negative impacts of unlicensed coal mining, including weak post-mining land reclamation. This research aims to examine government policies to overcome the problem of reclamation of unlicensed coal mines in Indonesia. The research method used qualitative research with a focus on analyzing regulations and cases of unlicensed coal mining. The results show that various government policies related to mine reclamation are regulated in laws and regulations. Still, the reclamation of unlicensed mines or illegal mines is not clearly regulated. However, it can be prosecuted as corruption crimes because it is considered detrimental to the state or becomes the responsibility of the government if the perpetrator is unknown; this adds to the problem of carrying out reclamation considering the large number of coal mining pits so that the government is difficult to carry out reclamation. Not only that, law enforcement against the implementation of unlicensed mining is still not optimal; existing regulations emphasize criminal sanctions and fines more than reclamation responsibilities. These findings indicate the need for government policies in the coal mining sector that emphasize legal certainty regarding the responsibility of coal mining actors who do not have permits or the government’s responsibility in carrying out reclamation needs to be strengthened by adding policies for reclamation of unlicensed mining land and more effective supervision and application of sanctions that emphasize reclamation responsibilities in order to achieve the goal of environmental sustainability.
Legal Aspects of State Asset Management: International Perspectives on Implementing State-Owned Property Law Syamsir, Syamsir; Nuriyatman, Eko; Bela Dhyta, Nova; Rahman, Rofi Aulia; Sitompul, Meline Gerarita
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.v6i2.19296

Abstract

State asset management is a fundamental component of public financial governance, aimed at ensuring transparency, accountability, and efficiency. In Indonesia, the legal foundation for state asset administration is established under Law Number 1 of 2004 on State Treasury. In the context of globalization, aligning domestic regulations with international legal standards, such as the International Public Sector Accounting Standards (IPSAS), has become imperative. Discrepancies between national and international regulatory frameworks may result in legal inconsistencies, inefficiencies, and challenges in securing state assets abroad. This scholarly article employs a doctrinal legal research approach to evaluate the conformity of Indonesia’s legal framework with international standards. It identifies key challenges, including the inadequate implementation of IPSAS, deficiencies in technological infrastructure, and limited institutional capacity. Additionally, protecting state assets in foreign jurisdictions remains complex due to disparities in legal systems, bureaucratic constraints, and insufficient international legal cooperation. To address these challenges, Indonesia must reinforce its legal framework, integrate advanced technological solutions, and enhance cross-border legal collaboration. The adoption of internationally recognized best practices in state asset management will strengthen legal certainty, mitigate financial risks, and ensure compliance with global governance principles. This article contributes to the legal discourse by analyzing the complexities of state asset management in an increasingly interconnected world and proposing regulatory and institutional reforms to enhance its effectiveness.
The Contrarius Actus Principle: Legal Challenges and Prospects for Reform in Executing Administrative Court Decisions Pambudi, Lintang Ario; Hendriana, Rani; Kupita, Weda; Pati, Umi Khaerah
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.v6i2.19655

Abstract

The failure to enforce state administrative court decisions with lasting legal force poses a challenge in Indonesia. Data indicates that merely 15 of 276 state administrative decisions were executed between 2013 and 2019. In 2020, statistics from the KPK, Bawas, and BPKP revealed that implementing state administrative court orders was insufficient, with an average completion rate of 34.92%. The 2021 annual report of the Ombudsman of the Republic of Indonesia documented 109 instances of non-compliance with unimplemented decisions. The research uses normative juridical methods with the addition of interviews to support existing data. This article examines the history, application, and challenges of contrarius actus, particularly in implementing state administrative court decisions. This research helps future researchers generate improvements or recommendations for state administrative court decision execution. The results show that contrarius actus originated from Roman law and is now an essential principle in state administrative law. Application of the contrarius actus in Indonesia’s administrative justice law provides for execution mechanisms without an institution or other party specialized in execution; administrative officials themselves must execute court decisions. A significant challenge in applying this principle in Indonesia is the failure of administrative officials to comply with court decisions. Despite the implementation of a merit-based system and elections aimed at selecting officials with integrity and lawfulness in filling administrative positions, many administrative officials violate court orders, making this enforcement of this concept difficult. To address this issue, it is recommended to maximize the role of the Ombudsman and state administrative courts in ensuring that administrative officials comply with legal decisions.
Palestine Under Attack: Humanitarian Principles in Case of Armed Conflict Romadhona, Mochamad Kevin; Kinasih, Sri Endah; Oktafenanda, Rachmat Dimas; Kim, Seokkyu
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.v6i2.19692

Abstract

This research examines the application of International Humanitarian Law in armed conflicts and the involvement of countries in blockades to promote peace. It reveals that Humanitarian Law is enforced through the 1977 Additional Protocol, which governs international and non-international armed conflicts. The study also highlights Israel’s use of retaliatory Cast Lead operations in response to Hamas rocket attacks, which pose a threat to Israeli citizens’ safety. A narrative review is a research method that defines a topic, searches for relevant literature, organizes it, analyzes findings, and presents results in narrative form. It is suitable for broad overviews and provides flexible analysis. The ancient state of Israel, established by Shaul around 1025 BC, faced conflicts with the Palestinian nation, leading to the rise of groups like Fatah, Hamas, and the Palestine Liberation Organization. The Israeli Navy declared a blockade of the Gaza Strip in 2009, but the status of occupation remains questionable. International Humanitarian Law (IHL) is needed to protect victims affected by the conflict, and law enforcement mechanisms include diplomatic settlements, criminal investigations, and warnings. International Humanitarian Law is consistently respected and enforced, despite ongoing breaches, particularly in armed conflicts. Blockades, such as Israel’s infringement on Gaza, have resulted in widespread pain and loss of lives, highlighting the need for a more balanced approach to conflict resolution.
Reformulation of Corporate Liability Implementation in Money Laundering Crimes Novian, Muhammad; Santoso, Topo; Nelson, Febby Mutiara
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.v6i3.19999

Abstract

Money laundering crimes (ML) are currently committed not only by individuals but also by corporations. The provisions of Money Laundering Crimes (MLC Law) regulate corporations, specifically Limited Liability Companies (PTs). However, since the enactment of MLC Law, only five legally binding rulings have involved corporations as perpetrators of ML offenses. In these rulings, there are several errors in the application of law. These errors include the fulfillment of the benefit element only being met when there is an increase in wealth, overlooking other circumstances such as a decrease in liabilities that the company must pay or use for its operations. Furthermore, in another ruling, the panel rejected the additional criminal charge of dissolving the corporation, with the legal reasoning that MLC Law does not regulate corporate dissolution. There are several rulings in which limited liability companies (PTs) were named as suspects but were ultimately found not guilty because the element of intent to conceal or disguise the origin of assets derived from criminal offenses was not fulfilled. This paper then compares several ML cases that occurred in the UK involving PTs, reflecting on some of these cases. In this paper, the author propose several ideas for the application of MLC Law, particularly for PTs involved in ML offenses. The methodology employed is doctrinal research. The paper emphasizes the necessity of optimizing sanctions against corporations that violate the MLC Law, not only in their capacity as perpetrators of money laundering but also for failing to fulfill obligations stipulated under the law.
Legal Reform in Indonesia’s Natural Resource Exploitation: A Study of SOE Privatization and Corporate Responsibility Suherman, Suherman; Joesoef, Iwan Erar; Bakhtiar, Handar Subhandi; Kholiq, Abdul; Phuoc, Jeong Chun
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.v6i3.20064

Abstract

The purpose of this study is to examine the exploitation of natural resources by State-Owned Enterprises (SOEs), particularly in forest management and mining, which do not contribute to the prosperity of the people. The scope of this research focuses on SOEs that control vital natural resources affecting the livelihoods of many people. This research employs a normative juridical method with a historical approach to privatization and an analysis of John Ruggie’s principles regarding Government and Private Responsibility for Human Rights (“Protect, Respect and Remedies”), as well as collecting data as library research.  The findings indicate that such exploitation is carried out by SOEs (with share-persero) as a result of the privatization in the 1980s and 1990s, leading to liberalization. The study of John Ruggie’s principles highlights the obligation of both the State and SOEs to prevent the exploitation of natural resources. The study concludes that the SOE engaged in resource management operate as “persero” entities, with shares partially owned by the private sector, leading to unfair business competition. Article 33 (2) and (3) of the Constitution mandates that natural resource management should be carried out by SOEs of which ownership is 100% by the State (“perum”) or through Cooperatives, as stipulated in Article 33 of the Constitution. The authors have proposed the liberalization results in the of SOEs (Persero), enabling private management, which raises concerns over monopolistic practices, unfair competition, and rationally impacts the potential of natural resources based on privatization and liberalization factors.
Law Reform of Insider Trading and Market Manipulation in Legal Offer (Go Public) Process Adhi, Yuli Prasetyo; Nugraheni, Prasasti Dyah; Sulistianingsih, Dewi; Rachmitasari, Diani Indah; Ma’ruf, Amar
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.v6i2.20117

Abstract

The initial legal offering process or Public Company is the process of offering various securities in the shape from various shares owned by the Company to investors. The process from selling various securities in the shape from various shares owned by the Company consists of the process from offering various securities in the shape from various shares for investors, the process from giving various securities in the shape from various shares, which have been adjusted by orders from investors, and the process of listing the various securities in the shape from shares that have been sold on the stock exchange. Besides, the stage of selling various securities in the shape from shares owned by the Company consists of the stage from initial pertaining to the preparatory process for the sale of various securities in the shape from shares owned by the Company, the stage of registration application pertaining to Capital Market Supervisory Agency as institution whose task is for regulate and supervise activities in the capital market sector, the stage from share offering pertaining to investors, and the stage of listing from shares pertaining to the stock exchange market an institution whose job is to trade various securities in the shape from various shares owned by a Company to investors. In writing this article, the author uses the normative-juridical research method, which is a research method that is carried out using various sources of library law or secondary sources of law to find solutions to existing legal problems.
Legal Reform for Passive Euthanasia in Indonesia: A Comparative Analysis of Policy and Ethics Ezenduka, Uzodinma Yurriens; Halder, Debarati
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.v6i2.20498

Abstract

This study aims to elaborate on the ethical and legal problems concerning passive euthanasia and Advance Directives (ADs) in Indonesia, focusing on the legal obscurity in current legislation, which causes uncertainties among families and medical practitioners. Although Indonesia’s Penal Code criminalizes active euthanasia, it remains silent on passive euthanasia, making healthcare providers vulnerable to the risk of prosecution when withholding or withdrawing futile treatments. Using a normative juridical approach, this research primarily analyzes Indonesian statutes and compares them with those of India, Saudi Arabia, and Iran. Despite provisions in health laws for patients to refuse treatment, the absence of explicit guidelines forces healthcare providers to operate with legal uncertainty. A comparative analysis of India’s legalization of passive euthanasia showcases how legislative clarity can align with ethical, medical, and societal needs. Insights from Islamic-majority countries like Saudi Arabia and Iran also reveal that Islamic jurisprudence, through the harm reduction principle, can be aligned with passive euthanasia within an ethical framework. Several particular reform recommendations are provided in this regard in the study, comprising amending the Penal Code to differentiate passive euthanasia and murder, establishing formal AD procedures, and introducing ethics committees and dual-approval oversight to maintain the ethical purity of the process. These reforms and public awareness initiatives would enhance the principle of patient autonomy and clarify misconceptions and legal responsibilities, providing overall improvement in an unattended aspect of medical care.

Page 6 of 14 | Total Record : 133

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