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Law Reform in Parliamentary Democratization: A Comparative Study of Legislative Terms in Indonesia, Philippines, and the United States of America Mukhlis, Muhammad Mutawalli; Hariyanto, Hariyanto; Maskun, Maskun; Tajuddin, Muhammad Saleh; Yeyeng, Andi Tenri
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.v6i3.20664

The purpose of this study is to compare the taxation policies of legislative members’ terms of office in Indonesia with the Philippines and the United States, along with an analysis of the urgency of the legislative member’s term of office. The study methodology employed is normative legal research. The findings of the research show that the legislative member’s term of office has not been regulated in the Indonesian constitution because Law No. 17 of 2014 only regulates the length of office in one period. This is distinct to the Philippines, which establishes a term limit for legislative members, where the term of office of senate members is 6 years and may be re-elected twice, while the term of office for the House of Representatives is 3 years and can be re-elected in three terms. Meanwhile, in the United States, there is also no regulation regarding the taking of terms of office, only the term of office of legislative members in the United States is only 2 (two) years each period, while in Indonesia it is quite long, namely 5 (five) years.

Legal Reform in Political Party Financing in Nigeria: Strengthening Frameworks and Enhancing Enforcement Mechanisms Esavwede, Jenigho Philip; Gasiokwu, Peter Ikechukwu; Antai, Godswill Owoche
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.v6i3.20837

Political party financing remains a critical issue in Nigeria’s democratic governance, with weak enforcement of electoral laws facilitating corruption, undue political influence, and electoral malpractice. While Nigeria possesses a robust legal framework, enforcement inefficiencies and regulatory loopholes undermine financial transparency and accountability in political processes. This paper critically examines the existing legal framework governing political party financing in Nigeria, particularly the 1999 Constitution and the Electoral Act 2022, and advocates for comprehensive reforms to enhance compliance mechanisms. Adopting a doctrinal research methodology, the paper analyses statutory provisions, judicial precedents, and international best practices to identify key areas for legal and institutional improvements. The findings reveal that effective enforcement is hindered by political interference, inadequate regulatory oversight, and outdated legal provisions. To address these challenges, this study recommends targeted reforms, including strengthening the financial disclosure obligations of political parties, increasing penalties for violations, and establishing an independent electoral finance monitoring unit within the Independent National Electoral Commission (INEC). By aligning Nigeria’s framework with global best practices, these reforms will promote greater transparency, accountability, and fairness in the country’s political finance system.

Legal Reform and Mediation in Non-Litigation Dispute Resolution: A Case Study of Sebambangan Tradition Sainul; Ali, Zezen Zainul; Jafar, Wahyu Abdul; Sakirman
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.v6i2.20872

Dispute resolution in indigenous communities tends to be based on family values. This is evident in the Sebambangan tradition where a man elopes with a girl and marries her as his wife. In these cases, dispute resolution is done through mediation (non-litigation) as it is considered more effective for creating harmonization, avoiding conflict, and justice. This research examines the process of non-litigation dispute resolution, namely mediation, in the tradition. This study is a qualitative study using a socio-legal approach. The study was conducted in the Mergo Sekampung indigenous community in East Lampung. Data were collected through observation and interviews with traditional leaders in five villages. The research findings show that the mediation process in the tradition begins with the male party apologizing for the mistakes made. This process is carried out in deliberation and is accompanied by traditional leaders as mediators. Mediation in Sebambangan is part of the living law that prioritizes kinship in dispute resolution. In positive law, the mediation process in the tradition of the Sekampung Marga community in East Lampung follows the material legal basis in Indonesia as in Article 1338 of the Civil Code and Articles 1851 to 1864 of the Civil Code concerning Peace. Thus, dispute resolution in the Sebambangan tradition makes it an alternative dispute resolution in a conflict carried out with family principles to achieve peace and contribute to legal reform in Indonesia and beyond.

The Absence of Judicial Review on Constitutional Amendments in Indonesia: Urgency and Legal Reform for Constitutional Safeguards Nggilu, Novendri M.; Zulkifli, Zulkifli; Chami, Yassine; Perwira, Indra; Abdurahman, Ali
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.v6i2.20888

The judicial review of constitutional amendments remains underexplored in Indonesia’s legal framework despite its recognition in global constitutional discourse. Several jurisdictions, including India, Germany, and Colombia, Turkey have established judicial safeguards to prevent amendments from undermining fundamental constitutional principles. This study aims to propose a judicial review model for constitutional amendments in Indonesia to ensure the protection of constitutional identity and democratic principles. Using a comparative legal approach, this study examines international judicial practices alongside a normative analysis of Indonesia’s constitutional framework. The findings highlight three key justifications for judicial review in Indonesia: historical, philosophical-juridical, and sociological. Historically, constitutional transitions have often violated procedural norms, as seen in the 1959 Presidential Decree, which reinstated the 1945 Constitution through executive action. Philosophically, Pancasila, as Indonesia’s foundational ideology, holds a supra-constitutional status and should serve as a benchmark for amendment review. Sociologically, the absence of review mechanisms exposes constitutional amendments to political manipulation, such as attempts to extend presidential term limits. This study advocates for an a posteriori judicial review model, granting the Constitutional Court the authority to assess amendments post-enactment. This model aligns with international practices and strengthens constitutional safeguards against politically motivated amendments. Implementing such a mechanism would uphold constitutional supremacy, democracy, and the rule of law in Indonesia.

Legal Reform in Customary Marriage Law in Indonesia and South Africa for Inclusive Justice Febrianty, Yenny; Ryendra, Nadya Restu; Ahmad, Asmida; Ariyanto, Ariyanto
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.v6i3.20896

Customary law shapes South African and Indonesian culture and society. However, adopting customary marital law into national legal systems is difficult. These include value conflicts between regional traditions and positive law’s universal principles, such as recording marriages, protecting children, and ensuring gender equality. Within Indonesia’s legal system, customary law practices are not well accommodated. Customary law is acknowledged under South Africa’s constitution, however its application is fraught with difficulties. This study aims to (1) comprehend positive law and its correlation with customary marriage law, (2) analyze the difficulties of integrating customary marriage law with positive law in South Africa and Indonesia, and (3) evaluate the future prospects of this domain. The study’s findings and suggestions might foster a more equitable society and promote legislation that honors universal ideals and traditional customs. This comparative and qualitative study use normative legal techniques to analyze pertinent literature, legal concepts, and norms. This paper highlights the main barriers to merging positive and customary marriage legislation. Examples are administrative obstacles like marriage registration and customary norms that conflict with human rights. The proposed framework respects traditional values to uphold human rights and social fairness. Keywords include normative marriage law, positive law, social justice, gender equality, and legal integration.

Legal Reform of the Division of Authority for Mining Affairs: Balance between Regional Autonomy and National Interests Hadi, Syofyan; Fikri, Sultoni; Riqiey, Baharuddin; Rustambekov, Islambek
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.v6i3.20947

This study aims to analyze and find the legal reform of the division of authority for mineral and coal mining affairs between the Central Government and Regional Governments, so that a regulatory model can balance the principle of regional autonomy and national interests. This research is a normative legal research with a statute, conceptual, and case approach. This study found that after Law No. 3 of 2020 and Law No. 6 of 2023, there was a centralization of mineral and coal mining affairs, which led to the creation of injustice and legal uncertainty for autonomous regions. These regulations, from the perspective of balancing the principle of regional autonomy and the principle of national interests, need to be reformed trough the division of mineral and mining affairs between the Central Government and the autonomous regions based on the principle of justice by using the principles of externality, accountability, and efficiency. Meanwhile, the Central Government can use the principle of national strategic interests for several mineral and coal mining sub-affairs. In Addition, the delegation authority model should be removed and Article 18 paragraph (5) of the 1945 Constitution of the Republic of Indonesia needs to be amended, so that the division of government affairs provides justice and legal certainty for autonomous regions.

Optimizing Digital Technology and Institutional Reform to Elevate the International Reputation of Universities in Indonesia and Malaysia Irawaty, Irawaty; Muhtada, Dani; Puteri, Dina Silvia; Abu, Roziya; Ningsih, Ayup Suran
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.v6i2.21074

Indonesian universities are increasingly expected to enhance their international reputation, particularly in comparison to Malaysian institutions, which have achieved higher global rankings. Key indicators of international recognition include publications, citations, and research. This study aims to compare the use of digital media by universities in Indonesia and Malaysia in supporting these indicators. The research will address three main questions: the role of government regulations and facilities in both countries in shaping university reputation, how universities utilize their official websites or portals, and the similarities and differences in digital strategies. A qualitative comparative approach will be applied, using primary data from regulations and university portals, along with secondary sources such as interviews, literature, and media. Relevant regulations include Indonesia’s Higher Education Law and Malaysia’s Education Act 1996. This study focuses on the digital presence of Universitas Negeri Semarang (Indonesia) and Universiti Teknologi MARA (UiTM) Malaysia. While both institutions utilize digital platforms, UiTM has shown more advancements in e-learning and digitizing administrative processes. In contrast, Universitas Negeri Semarang continues to improve its digital content to enhance accessibility and interactivity. By analyzing these approaches, this study seeks to highlight best practices and areas for improvement, ultimately contributing to the broader effort of strengthening Indonesian universities’ global standing.

Legal Reform in Village Law-Making Process Using Artificial Intelligence: Is It Necessary? Al-Fatih, Sholahuddin; Roziqin, Ali; Asyari, Muhammad Dahlan; Ezzerouali, Souad
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.v6i2.21116

This article aims to discuss how Village Regulation should be implemented in the digital age, whether using artificial intelligence or conventional methods. Indonesia is a big country with too many villages, such as the small Regency/City of Malang, which has almost 390 villages (with different terms, both desa and kelurahan). The problem was raised while those villages were drafting Village Regulation. By using a legal research method, this research examines how AI could help in the village law-making process. To do that, this article combines both normative and empirical studies by analyzing the norms and literature, as well as understanding the respondent answers spread out by Google Forms. As a result, this paper finds that some AIs are necessary for drafting village regulations, such as ChatGPT, Gemini, Scopus AI, and so on. However, those AI should be used responsibly, with an honest principle, an open mind, and the avoidance of plagiarism.

Reformulation of Law Decision Bias on Restitution Payments in Sexual Violence Crimes (Comparison of Indonesia and The Netherlands) Panusunan, Panusunan; Widyawati, Anis; Sulistianingsih, Dewi; Nababan, R. Kemala
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.v6i3.22109

Sexual violence is an increasingly prevalent crime in Indonesia. Article 16 of Law Number 12 of 2022 on Criminal Acts of Sexual Violence states that, in addition to imprisonment, fines, or other criminal penalties as outlined in the Law, the judge is required to determine the amount of restitution for criminal acts of sexual violence that carry a sentence of four years in prison or more. One form of compensation available to victims of the criminal acts of sexual violence is restitution payments made by the defendant. However, many Panels of Judges still deny cases of the criminal acts of sexual violence restitution, particularly in verdicts where the defendant faces a four-year sentence or more. Several reasons explain why judges do not determine restitution payments by the defendant to the victim: the first is bias regarding the amount of compensation for victims in the judge’s decision; the second is that the request for payment restitution must be formally submitted; and the third concerns how to reformulate the determination of restitution in sexual violence cases (a comparison of Indonesia and the Netherlands).

Blockchain and Corporate Criminal Liability: Law Reform and the Technological Revolution in Corporate Accountability Manullang, Herlina; Fernando, Zico Junius; Nur, Asrul Ibrahim
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.v6i3.22472

The rapid development of blockchain technology is reshaping various dimensions of governance, particularly in strengthening corporate accountability and addressing corporate criminal liability. This paper examines how blockchain, through its inherent features of decentralization, transparency, immutability, and smart contracts, can offer innovative tools to reform legal frameworks governing corporate behavior. These features enable more robust compliance monitoring, secure and tamper-proof evidence handling, and efficient fraud detection mechanisms. By integrating blockchain into corporate governance systems, companies can enhance regulatory compliance and reduce the risks of misconduct. Smart contracts, in particular, allow the automation of enforcement procedures, minimizing human error and corruption while increasing legal predictability. This paper further explores how blockchain facilitates proactive legal oversight and redefines how liability is tracked and enforced within corporate structures. Despite its potential, the adoption of blockchain within legal systems faces several challenges, including regulatory ambiguity, privacy issues, and the necessity for international legal harmonization. To illustrate the real-world application of blockchain in legal reforms, this study presents comparative case analyses from jurisdictions that are at the forefront of blockchain regulation and implementation in corporate governance. Ultimately, this paper argues that blockchain serves not merely as a technological tool but as a catalyst for transforming the philosophy and practice of corporate criminal liability. To realize its full potential, collaborative efforts among legislators, regulators, and private sector actors are essential. The paper concludes with strategic recommendations for incorporating blockchain into corporate criminal law, aiming to enhance transparency, ensure compliance, and strengthen governance frameworks in line with technological progress.

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law.journal@mail.unnes.ac.id

Editorial Address
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Jawa tengah

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name -

Contact Email law.journal@mail.unnes.ac.id

Phone -

Journal Mail Official law.journal@mail.unnes.ac.id

Editorial Address Sekaran, Gunung Pati, Semarang City, Central Java 50229

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

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Contact Name
-

Contact Email
law.journal@mail.unnes.ac.id

Phone
-

Journal Mail Official
law.journal@mail.unnes.ac.id

Editorial Address
Sekaran, Gunung Pati, Semarang City, Central Java 50229

Location
Kota semarang,

Jawa tengah

INDONESIA