Garuda - Garba Rujukan Digital

Overcapacity in Indonesia’s Prisons: The Role of Criminal Law Reform in Sustainable Solutions Prabawani, Riski Dysas; Pujiyono, Pujiyono; Roikardi, Dodi
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22172

Overcrowding is an unresolved problem occurred in Indonesia. So far, most criminal acts are threatened with a criminal sentence in the form of imprisonment. The reform of this Indonesian criminal law has been realized with the enactment of Law Number 1 of 2023. This research aims to examine the contents of Law Number 1 of 2023 concerning the Criminal Code as an update to the Criminal Code/Wetboek van Strafrecht (WvS), which has been in force in Indonesia. This is the doctrinal research with a conceptual and comparative approaches. The findings show that the revised Criminal Code introduces a novel approach to criminal law by explicitly outlining the objectives and guidelines for punishment, thereby directly influencing law enforcement practices. Furthermore, this new Criminal Code also provides alternative sanctions other than imprisonment.

Sexual Violence Offenses in Child Forced Marriage Due to Extramarital Pregnancy Nashriana, Nashriana; Samawati, Putu; Flambonita, Suci; Novianti, Vera; Hassan, Muhamad Sayuti
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22256

The enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (TPKS Law) categorizes child marriage as a form of sexual violence (Article 4 in conjunction with Article 10), allowing for criminal penalties against the perpetrators. However, the TPKS Law does not provide clear criteria for defining child marriage, making its implementation challenging. This research employs a normative method, utilizing a statute approach, conceptual approach, and case approach. In several urban cases, child marriage occurs due to extramarital pregnancies, which are often used as justification by parents to compel their children to marry-despite the child’s unwillingness. The primary reason given is to preserve the family’s honor. Judges typically approve marriage dispensation requests submitted by parents based on the notion of the common good. Such approvals reinforce the assumption that the marriage is consented to by the child, even when the child actually has no other options. In many instances of child marriage, husbands frequently abandon their wives after the marriage ceremony, as their primary motivation for marrying is not to assume responsibility as husbands and fathers. This situation exacerbates the wife’s condition, forcing her to bear the responsibilities of parenthood alone while facing societal stigma. This qualitative prescriptive legal analysis identifies variables that can be used to determine whether a forced marriage can be regarded as sexual violence. These variables also aim to provide certainty in the fair enforcement of the law, particularly for young women, who represent a vulnerable group.

Hybrid Model of Personal Data Protection for Consumers in Digital MSMEs: A Comparative Study of Indonesian and China Regulations Hetharie, Yosia; Ikhwansyah, Isis; Rahmawati, Ema; Soplantila, Valentino Dinatra
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22388

The protection of consumers’ personal data in digital MSME (Micro, Small, and Medium Enterprises) businesses poses a significant challenge in the era of digital transformation, particularly amid the rising cases of data breaches in Indonesia. Although Law No. 27 of 2022 on Personal Data Protection (PDP Law) has come into effect, its implementation still faces numerous obstacles, especially for MSMEs that are limited in terms of resources and technological understanding. By comparison, China, through its Personal Information Protection Law (PIPL), enforces strict supervision combined with AI-driven compliance technologies. This study aims to analyze the effectiveness of personal data protection frameworks in Indonesia and China and to propose a hybrid model that integrates government regulations with technological solutions. The research employs a normative juridical method using statutory, conceptual, and comparative law approaches, relying on secondary data such as regulations, academic journals, and policy documents. The findings indicate that adopting a hybrid model for the protection of consumers’ personal data in digital MSME businesses could serve as an effective solution. This model merges a compliance-based approach, as adopted under Indonesia’s PDP Law, with the strict oversight mechanisms implemented under China’s PIPL. By adapting mechanisms such as mandatory registration, periodic audits, and technology-based compliance incentives, Indonesia could enhance transparency, accountability, and data security within its digital MSME ecosystem.

Reforming Social Rights for International Refugees in Indonesia: Towards Enhanced Welfare and Legal Protection Kusumo, Ayub Torry Satriyo; Erdiyasa, Grishafa Anggita; Nethania, Etta; Widyawati, Anis; Rahayu, Sri Lestari
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22778

Refugees constitute a highly vulnerable population, frequently exposed to severe human rights violations or neglect. Refugees are often undergone variable restrictions like on speech, travel, education, and economic activities. Particularly at risk are their rights to decent work, livelihoods, and access to education for children. The inability to secure dignified work profoundly exacerbates the challenges in fulfilling educational rights within refugee communities. This article investigates the systemic vulnerabilities leading to the potential violation of these critical social rights for international refugees in Indonesia. As a nation that has not ratified the 1951 Convention on the Status of Refugees, Indonesia operates without a comprehensive domestic legal framework explicitly governing refugee social rights. Nevertheless, its responsibilities as a member of the global community, coupled with inherent humanitarian principles, morally and ethically obligate the protection of these fundamental rights. Drawing on comparative legal analysis and good practices from other nations, this paper aims to identify specific areas for legal and policy reform in Indonesia. These reforms are crucial for providing adequate protection for refugees’ rights to work and education, within the practical capabilities of the state, and without compromising the security and public order rights of its citizens. Ultimately, this research underscores the urgent need for domestic legal reform to enhance refugee welfare and ensure their human dignity in Indonesia.

Green Ecology Questionnaire (GEQ) Based on Understanding of Cosmic Religious Environmental Law Rahayu, Mella Ismelina Farma; Susanto, Anthon Freddy; Sudiro, Amad
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.29380

The current environment has been exploited without consideration or regard for sustainability and ecological balance. Forests have been plundered and burned, natural resources have been depleted without any effort to replenish them, and development in many cities has ignored spatial planning. All of these actions have ultimately resulted in severe environmental degradation. The decline in the carrying capacity and capacity of the environment, pollution and destruction of the environment, climate change, deforestation, and damage to terrestrial and marine ecosystems have become serious threats to the survival of humans and other living creatures. The issue examined in this paper is how to revive public understanding and awareness (participation) of the law in preserving the function of the environment. This paper uses a philosophical and legal hermeneutic approach, which is to look at the fundamental side using the method of text criticism, which refers to how the grand discourse on environmental law is criticized through several main references. Through this approach and method, it is hoped that the Green Ecology Quitionent (GEQ) model concept can be developed based on cosmic religious environmental law. Cosmic religion is a fundamental concept of diverse local wisdom possessed by Indonesian society. This model concept is expected to become a reference or starting point for the development of environmental policy, environmental education, law enforcement, management, and preservation of environmental functions in Indonesia.

Digital Transformation With the Impact of AI in Government Decision Making Busroh, Firman Freaddy; Khairo, Fatria; Niravita, Aprila; Nunna, Bhanu Prakash
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.30339

This abstract reviews digital transformation in the context of government decision making with respect to the impact produced by AI and the implications for constitutional law. Digital transformation has become the main driver in the industrial revolution that has swept across various sectors, including the government. The presence of AI in the governmental decision-making process provides an increase in efficiency, accuracy, and responsiveness in answering the complexity of the problems faced. However, the presence of AI in government decision making raises a number of legal questions that need to be taken into account. These issues are related to transparency, accountability, privacy, and fairness in applying the AI technology by the government. In the context of constitutional law, adjustments and improvements of regulations need to be made to accommodate the new dynamics introduced by digital transformation with the existence of AI. Therefore, it is important to undertake efforts to understand and predict the impact of AI in decision making by the government and its implications on constitutional law to direct the development of inclusive and sustainable public policy in this digital era.

Transforming Democratic Policing in the Digital Era for Law Enforcement Accountability in Indonesia Sandiya, Idris; Ghafur, A. Hanief Saha; Yuliatiningtyas, Solikhah
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.30554

The phenomenon of “No Viral No Justice” illustrates how legal justice is increasingly shaped by social media exposure, where only viral cases tend to receive serious attention from law enforcement agencies. This article analyzes the relationship between social media virality and the concept of Democratic Policing (DP), introducing a new conceptual framework termed Digital Democratic Policing (DDP). Through a literature review of 18 scientific journal articles, this study integrates five primary theories: (1) Social Movement Theory, (2) Public Sentiment Analysis, (3) Media Exposure Theory, (4) A Theory of Justice, and (5) Democratic Policing. The findings indicate that digitalization has enhanced DP practices by making them more transparent, participatory, and open to public scrutiny. However, digitalization also creates challenges, including trial by social media and the spread of disinformation. Within this context, the DDP framework is positioned not only as a response to the digital era but also as a medium for legal reform, emphasizing technology-based transparency, public participation in digital spaces, and accountable police governance. By embedding DDP into broader law enforcement reforms, policing can move beyond reactive measures toward a proactive system that restores legal certainty and strengthens democratic legitimacy. This study expands the scope of DP research into the digital domain and recommends adaptive policing policies grounded in justice, democracy, and reform-oriented practices. Generally, the DP approach shifts law enforcement from a coercive model to one that is collaborative and responsive, where legal legitimacy is primarily built upon public trust, forming the core of democratic security systems.

Manipulated Stocks and Corruption: Lessons from Three Indonesian Verdicts Chevalier, Henry; Sumardiana, Benny; Waspiah, Waspiah
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.30606

The Jiwasraya, Asabri, and DP4 cases are major financial scandals in Indonesia involving stock price manipulation and corruption. These crimes stemmed from weaknesses in capital market regulations, weak oversight, and conflicts of interest in the management of investment funds in state financial institutions. The perpetrators exploited regulatory loopholes to divert funds into low-quality stocks whose prices were manipulated through fraudulent transactions and misleading information. The state losses, reaching hundreds of trillions of rupiah, underscore the need for financial governance reform and regulatory strengthening. The legal verdicts in these cases have a deterrent effect, with severe penalties for perpetrators, including life imprisonment and the confiscation of assets. Furthermore, capital market regulations have been tightened, a risk-based oversight system has been implemented, and transparency in the management of public funds has been increased. To prevent similar crimes, stricter oversight of investments by state-owned insurance companies and pension funds, increased transparency in financial reporting, and synergy between institutions in financial law enforcement are needed. Stronger regulatory measures can curb stock price manipulation linked to corruption, thereby restoring trust in the capital market and the national financial system.

The Role of A Judge’s Conscience in Deciding Criminal Cases: Practice of Criminal Justice in Indonesia Sudirman, Antonius; Bahang, Konstantinus; Pinto, Joel Casimiro
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.34799

As the leading actor in the criminal justice system in Indonesia, a judge must engage in a dialogue with their conscience before deciding on a criminal case to ensure true justice for all parties. This article aims to analyze the functioning of judges’ consciences in their decisions within the criminal justice system in Indonesia. Therefore, a literature study was conducted. Data is collected by reading and tracing various relevant documents. Furthermore, the data were analyzed using descriptive qualitative methods. The results are as follows: first, conceptually, judges who have a conscience are constantly in dialogue with their consciences, and then they decide cases according to their sincere consciences. Second, in the context of criminal justice in Indonesia, judges are obligated to heed the promptings of their conscience every time they decide on a criminal case. This is because the ultimate goal of criminal justice is to uncover the truth and ensure justice for all parties, namely society, victims, and perpetrators of crimes. However, in fact, there are still judges who disregard their conscience and are easily influenced by extrajudicial powers, such as mass pressure and political interests. For this reason, it is necessary to submit several recommendations: (1) all parents should teach their children the importance of a simple, honest, committed, and responsible life because the family is a cell of society, a place for seedling law enforcement officials, including judges; (2) optimizing the role of the judicial commission in the form of policy support and adequate funds so that the institution can recruit prospective judges and professionally supervise the behavior of judges; (3) Judges who are involved in moral violations or abuse of power are subject to severe criminal sanctions to create a deterrent effect.

Reimagining Criminal Liability in the Age of Artificial Intelligence: Toward a Comparative and Reform-Oriented Legal Framework Maskur, Muhammad Azil; Masyhar, Ali; Damayanti, Ratih; Ramada, Diandra Preludio; Sanyal, Subhra
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.35540

As artificial intelligence (AI) systems increasingly permeate decision-making processes across sectors—from autonomous vehicles to predictive algorithms in finance and law enforcement—traditional frameworks of criminal liability face unprecedented challenges. This article critically examines the adequacy of existing criminal law doctrines in attributing liability when harm arises from autonomous or semi-autonomous AI actions. It explores the tension between actus reus and mens rea in cases involving algorithmic behavior, and interrogates whether AI entities can or should be treated as legal subjects under penal law. Through a comparative legal analysis of jurisdictions including the United States, the European Union, Japan, and Indonesia, the study identifies divergent approaches to regulating AI-related harm and assigning culpability. The article highlights emerging models such as strict liability, vicarious liability, and hybrid regulatory frameworks, and evaluates their potential for adaptation within Indonesia’s evolving legal system. Special attention is given to the role of developers, corporations, and state actors in shaping accountability mechanisms. The paper concludes by proposing a normative framework for reimagining criminal liability in the age of AI—one that balances innovation with legal certainty, and integrates ethical safeguards, technological transparency, and procedural fairness. This framework aims to inform future legislative reform in Indonesia and contribute to global discourse on AI governance and criminal justice.

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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