cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Gokma Toni Parlindungan
Contact Email
gokmatoniparlindungan@gmail.com
Phone
+6281266660333
Journal Mail Official
journallegalreview@gmail.com
Editorial Address
Jalan Kolonel Anas Malik By Pass Kota Pariaman, Provinsi Sumatera Barat
Location
Kota pariaman,
Sumatera barat
INDONESIA
Journal of Global Legal Review
Published by Universitas Sumatera Barat
ISSN : -     EISSN : 30316081     DOI : https://doi.org/10.59963/jglegar
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal of Global Legal Review merupakan jurnal yang mempublikasikan artikel ilmiah dengan bidang keilmuan hukum. Jurnal ini dengan singkatan J-GLegar yang sebagai publisher adalah Universitas Sumatera Barat. Jurnal merupakan untuk menunjang keilmuan pada penulis, peneliti maupun dosen dalam bidang hukum, terkhususnya pada program studi Ilmu Hukum Fakultas Hukum Universitas Sumatera Barat. Fokus jurnal ini adalah semua hasil penelitian terkait dengan ilmu hukum dan hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 39 Documents
 1   2   3   4 
Moralitas Humanis dalam Hukum Pidana Indonesia: Analisis Pasal 463 KUHP Baru tentang Aborsi Korban Peekosaan Berbasis Formula Radbruch Mohamad Deden Mutakin
Journal of Global Legal Review Vol. 3 No. 2 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i2.538

Abstract

The policy of criminalizing abortion often causes moral tension between protecting the right to life of the fetus and protecting the humanity of rape victims. Therefore, the presence of Article 463 paragraph (2) of the New Criminal Code (KUHP), which exempts rape victims from criminal punishment, is crucial to examine, in order to observe the shift in Indonesia's criminal law paradigm from rigid positivism toward a more humanistic and just approach. This study analyzes Indonesia's criminal law response to the moral dilemma of protecting victims (humanity) and protecting life (the fetus), to the moral dilemma of protecting victims (humanity) and protecting life (the fetus), focusing on the extent to which this exemption from criminal abortion reflects a fundamental shift towards a more humanistic and just legal morality (Substantive Justice). This study uses a literature review method, which uses credible books and journals as references. This study aims to explore the article in responding to and accommodating the protection of fetuses and victims, as well as how the reciprocal relationship between law and morality is implemented in Indonesia's new criminal justice system. The results of the study show that: 1) Article 463 paragraph (2) of the New Criminal Code accommodates the demands of human morality by explicitly excluding criminal liability for female victims of rape or other sexual violence that results in pregnancy, provided that the pregnancy is no more than 14 (fourteen) weeks old or there are indications of a medical emergency; 2) This exemption is a progressive response that explicitly recognizes the physical and psychological trauma experienced by victims, placing the protection of victims' human rights and dignity as a primary consideration in the enforcement of criminal law; 3) This exception reflects a fundamental shift from rigid and positivistic legal morality (which previously punished all forms of abortion) towards a more humanistic and fair legal morality (Substantive Justice); 4) This shift is evident in the recognition of the status of the victim as a factor that negates the material unlawfulness of the act of abortion, and in a context-based approach that prioritizes substantive justice for the most vulnerable individuals; and 5) Thus, the New Criminal Code moves beyond formal procedural justice towards justice that takes into account the existential conditions and trauma of the victim.
Efektifitas Proses Mediasi Dalam Perkara Perceraian Di Pengadilan Agama Padang Miasiratni Miasiratni; Widya Yoseva; Suci Nurjannah Yuansyah; Nofrisca Patma Witri
Journal of Global Legal Review Vol. 3 No. 2 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i2.573

Abstract

This study aims to analyze the effectiveness of the mediation process in resolving divorce cases at the Padang Religious Court and identify factors influencing the success and failure of mediation. The research method used is empirical legal research with a qualitative approach. Data were obtained through interviews with the mediator judge and the parties, as well as a study of divorce case documents that have undergone mediation at the Padang Religious Court. The collected data were analyzed descriptively qualitatively by linking applicable legal provisions with their implementation in practice. The results indicate that the mediation process in divorce cases at the Padang Religious Court has not been fully effective in reducing the divorce rate. This is due to the parties' low good faith in reconciliation, long-standing domestic conflicts, and limited time for mediation. Nevertheless, mediation remains an important means of communication and clarification between husband and wife before the case is decided by the judge. Therefore, it is necessary to optimize the role of the mediator and increase the awareness of the parties so that the objectives of mediation can be optimally achieved.
Perlindungan Hukum terhadap Pengguna Jasa Pinjaman Online dalam Perspketif Hukum Perjanjian Pinjam Meminjam Sistri Wahyuni; Yofiza Media; Harniwati Harniwati; Amanda Bherlyana Putri
Journal of Global Legal Review Vol. 3 No. 2 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i2.578

Abstract

This study aims to determine the Legal Protection for Online Loan Service Users in the Legal Perspective of Lending Agreements. This study uses a normative juridical analysis method by reviewing related laws and regulations and relevant legal literature. The results of the study indicate that in the (P2P) Lending scheme, the legal relationship occurs between the Lender and the Organizer, and between the Lender and the Borrower. The Lender authorizes the Organizer to distribute funds, while the main relationship is a loan agreement between the Lender and the Borrower. The legal relationship between the lender and the borrower is a loan agreement (debt) as regulated in Article 1754 of the Civil Code. The Lender acts as a creditor, and the Borrower acts as a debtor. Legal protection is needed to provide legal certainty for the Lender, especially in cases of default. Legal protection can be carried out preventively (before a dispute) by implementing basic principles of the organizer such as transparency, fair treatment, reliability, data confidentiality, and simple, fast, and affordable dispute resolution. Legal protection can also be provided repressively (after a dispute) through complaints and compensation if there is evidence of error or negligence by the provider. The Financial Services Authority (OJK) plays a crucial role in regulating and overseeing fintech P2P lending activities to protect the interests of lenders.
Relevansi Hukum Administrasi Negara Sebagai Instrumen Mewujudkan Pemerintahan yang Responsif Fauzan Zakir
Journal of Global Legal Review Vol. 3 No. 2 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i2.583

Abstract

State Administrative Law plays a strategic role in guiding government administration to respond appropriately and responsibly to the needs and dynamics of society. Responsive governance requires not only swift action but also adherence to the principles of legality, accountability, and protection of citizens' rights. This study aims to analyze the relevance of State Administrative Law as an instrument for realizing responsive governance within a democratic constitutional state. The research method used is normative legal research with a statutory and conceptual approach. The results indicate that the general principles of good governance, regulations regarding discretion, and mechanisms for oversight of state administrative administration and judicial administration are important instruments in ensuring the responsiveness of government actions and decisions. However, in practice, challenges remain, such as tensions between demands for responsiveness and legal certainty, limited capacity of the apparatus, and a suboptimal understanding of the principles of State Administrative Law. Therefore, strengthening norms, improving the quality of the apparatus, and consistent application of the principles of good governance are key prerequisites for realizing responsive and just governance.
Legislasi Darurat Dan Partisipasi Publik: Antara Kebutuhan Kecepatan Dan Prinsip Keterbukaan Gokma Toni Parlindungan S; Salamiah Muhd Kulal
Journal of Global Legal Review Vol. 4 No. 1 (2026): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v4i1.580

Abstract

The formulation of laws and regulations during emergencies often places the state in a dilemma between the demands for speedy policymaking and the fulfillment of the principles of openness and public participation. The responsive and rapid nature of emergency legislation often results in the marginalization of the public's right to meaningful participation in the law-making process. Public participation is a fundamental element of a democratic state governed by the rule of law and has been constitutionally reinforced through various Constitutional Court decisions and the provisions of Law Number 13 of 2022 concerning the Formation of Legislation. This article aims to analyze the urgency of public participation in emergency legislation and examine the constitutional limitations on using the excuse of a state of emergency as justification for the formation of closed regulations. This research uses a normative juridical method with a statutory, conceptual, and decision study approach. The results show that the need for speed in emergency legislation cannot be used as a basis for eliminating the principles of openness and public participation. Instead, public participation must be accommodated proportionally and adaptively as a mechanism for controlling power and as a means of legal legitimacy. Therefore, strengthening the design of public participation in emergency conditions is an important prerequisite for maintaining the quality of legislation, protecting citizens' constitutional rights, and upholding the principles of a democratic state based on law.
Parameter Penyelesaian Delik Adat Melalui Keadilan Restoratif Berdasarkan Kitab Undang-Undang Hukum Acara Pidana Boydo Saragih
Journal of Global Legal Review Vol. 4 No. 1 (2026): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v4i1.701

Abstract

The enactment of the New Criminal Code (KUHP) materially acknowledges the existence of customary criminal law (living law), which aligns with the Restorative Justice mechanism in the New Criminal Procedure Code (KUHAP). However, the absence of objective material parameters within the criminal justice system leaves state law vulnerable to biased recognition of customary law, risking power imbalances, double jeopardy, and mob justice. This study aims to formulate a conceptual framework as a material boundary in examining the validity of customary offense settlements. Using a normative legal research method with statutory and conceptual approaches, this study proposes the doctrinal concept of the "Tripartite Parameter". The findings indicate that the settlement of customary offenses can only be accommodated by the national legal system if it passes three testing pillars: (1) Authoritative validation of material legality through legitimate customary institutions; (2) The doctrine of absolute consent (veto right) for victims to ensure pure voluntariness without majority intimidation; and (3) The proportionality limit of sanctions, which must be restitutive-educative and free from physical torture or absolute impoverishment. This parameter is offered as a theoretical instrument for the development of national law, ensuring that the integration of restorative justice upholds constitutionalism and human rights without negating local wisdom.
Penyelesaian Perkara Kecelakaan Lalu Lintas Melalui Pendekatan Restorative Justice Di Kota Pariaman Atta Mananda; Widya Yoseva; Amanda Bherlyana Putri; Suci Nurjannah Yuansyah
Journal of Global Legal Review Vol. 4 No. 1 (2026): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v4i1.708

Abstract

Traffic accidents are a common legal event in society and can result in losses in the form of property damage, injuries, or even death. Traffic accident cases are generally resolved through the criminal justice process. However, developments in modern criminal law offer an alternative solution through a restorative justice approach, which emphasizes restoration of the situation, conflict resolution, and achieving justice for both victims and perpetrators. This study aims to determine the implementation of traffic accident case resolution through a restorative justice approach in Pariaman City, the factors influencing its implementation, and the effectiveness of this approach in achieving justice for all parties. The research method used is empirical legal research with a qualitative descriptive approach. Data were obtained through interviews with police officers, victims, and perpetrators, as well as through documentation studies related to traffic accident case resolution in Pariaman City. The data obtained were then analyzed qualitatively to provide an overview of the application of restorative justice in law enforcement practice. The results indicate that traffic accident case resolution through a restorative justice approach in Pariaman City is carried out by bringing together victims and perpetrators to reach a peaceful agreement through deliberation. The application of this approach offers benefits in the form of restitution for victims' losses, the creation of peace between the parties, and faster and more efficient case resolution compared to the criminal justice process. However, its implementation still faces several obstacles, such as a lack of public understanding of the concept of restorative justice, conflicting interests between victims and perpetrators, and limitations in mediation. Therefore, increased outreach, strengthening the role of law enforcement officials, and effective oversight are needed to ensure optimal implementation of restorative justice.
Penyelesaian Sengketa Hak Dan Kewajiban Suami Istri Pasca Perceraian Di Pengadilan Agama Pariaman Kelas IB Miasiratni Miasiratni; Mahliyanti Adelia Warman; Doni Eka Putra
Journal of Global Legal Review Vol. 4 No. 1 (2026): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v4i1.709

Abstract

The resolution of disputes over the rights and obligations of husband and wife after divorce falls under the jurisdiction of the Religious Court, aiming to provide legal certainty and justice for the parties. This study aims to examine the process of resolving disputes regarding the rights and obligations of husband and wife after divorce at the Pariaman Class I.B Religious Court and the obstacles encountered in its implementation. The research method used was descriptive empirical legal research. Data were obtained through interviews and literature review, then analyzed qualitatively. The results indicate that dispute resolution is carried out through the trial process in accordance with applicable procedural law, with a focus on mediation. Obstacles encountered include low legal awareness among the parties and non-compliance with the implementation of court decisions. Therefore, efforts are needed to improve legal understanding and optimize the implementation of decisions to ensure the fulfillment of the rights and obligations of the parties after divorce.
Analisis Keselarasan Kebijakan Dalam Pembentukan Regulasi Pengembangan Kawasan Metropolitan Rebana Provinsi Jawa Barat Elsa Gustini Vinsensia S; Wiranata Nababan
Journal of Global Legal Review Vol. 4 No. 1 (2026): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v4i1.711

Abstract

This study aims to analyze policy alignment in the development regulations of the Rebana Metropolitan Area in West Java Province, identify factors causing regulatory disharmony, and formulate a regulatory harmonization model that can support the effectiveness of regional development. The study uses a normative legal method with a statute approach and a conceptual approach. Data were obtained through a literature review of relevant laws and regulations, development planning documents, books, and scientific journals. The results indicate that normatively, the development regulations of the Rebana Metropolitan Area have a fairly good level of policy alignment, particularly between Presidential Regulation Number 87 of 2021, the West Java Governor's Regulation, and various spatial planning and regional development documents. However, there is still potential for regulatory disharmony caused by overlapping authorities, unsynchronized planning documents, weak coordination between institutions, and the dynamics of development policies. Therefore, a regulatory harmonization model is needed through strengthening vertical and horizontal policy synchronization, optimizing the role of the Rebana Area Management Agency, and continuous regulatory evaluation to realize integrated, effective, and sustainable regional development.

Page 4 of 4 | Total Record : 39

 1   2   3   4 

Filter by Year

2023 2026


Reset
Filter By Issues
All Issue Vol. 4 No. 1 (2026): Journal of Global Legal Review Vol. 3 No. 2 (2025): Journal of Global Legal Review Vol. 3 No. 1 (2025): Journal of Global Legal Review Vol. 2 No. 2 (2024): Journal of Global Legal Review Vol. 2 No. 1 (2024): Journal of Global Legal Review Vol. 1 No. 2 (2023): Journal of Global Legal Review Vol. 1 No. 1 (2023): Journal of Global Legal Review