Law Research Review Quarterly
The Law Research Review Quarterly has a history and rich vein of legal scholarship, especially for law student, combining distinct publication on the law of Indonesia, as well as Southeast Asia, and prominence within the Faculty of Law Universitas Negeri Semarang, with leading contributions to the discussion and shaping of law across the civil law world and further afield.
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<![CDATA[Implementation of Rehabilitation of Narcotics Users as Detention According to Article 127 of Law No. 35 of 2009: A Case Study of BNNP Central Java ]]>
<![CDATA[Oktavia, Widya]]>;
<![CDATA[Sumardiana, Benny]]>
<![CDATA[ Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v12i1.41054
<![CDATA[This study aims to analyze the criminal law regulation of narcotics users based on Article 127 of Law Number 35 of 2009, examine the practice of implementing inpatient rehabilitation for narcotics users sentenced to one year of imprisonment, and assess whether inpatient rehabilitation may be regarded as a form of detention and its implications for the rights of the defendants. The research employs an empirical legal research method with a descriptive analytical approach. Data were obtained through interviews with investigators from the National Narcotics Agency of Central Java Province, as well as an examination of laws and regulations, legal documents, and related literature. The results of the study indicate that, normatively Article 127 of the Narcotics Law has provided a legal basis for the implementation of medical and social rehabilitation as an alternative to punitive criminal sanctions. However, in practice, the implementation of inpatient rehabilitation is not fully consistent with its rehabilitative purpose. In certain circumstances, it functions in a manner similar to detention during the legal process, particularly due to the absence of a clear time limit and divergent interpretations among law enforcement officials. This condition has implications for potential violations of the rights of defendants who use narcotics, especially the right to personal liberty, adequate medical treatment, and humane treatment. Therefore, consistency in the application of Article 127 is needed in line with the principles of restorative justice and the protection of human rights so that rehabilitation truly functions as an instrument of social recovery and reintegration.]]>
<![CDATA[Criminalization of Corruption and Maximization of Asset Recovery in a Political and Legal Perspective (PT Asabri Case Study) ]]>
<![CDATA[Zahra Putri Pertiwi]]>;
<![CDATA[Utari, Indah Sri]]>
<![CDATA[ Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v12i1.41177
<![CDATA[This paper explores strategies to enhance the restitution of government financial losses resulting from corrupt practices in the financial administration of the state-owned enterprise PT Asabri (Persero). The results of the research show that PT Asabri's finances are part of the state's finances, so that every corruption crime that occurs in it has consequences in the form of state losses that must be recovered through available legal mechanisms. Criminal law enforcement has been implemented, including the imposition of supplementary sanctions requiring restitution payments to the state as a mechanism for recovering public finances. However, this mechanism has not been able to restore all state losses caused by corruption crimes. The main obstacle in the recovery of state losses stems from the provisions of Article 18 paragraph (1) b of the Law on the Eradication of Corruption Crimes which limits the payment of compensation money to only the value of the assets obtained by the perpetrators of corruption crimes. These restrictions cause the convict's liability only includes the return of economic benefits obtained illegally, while other state losses arising from corruption crimes at PT Asabri cannot be fully held accountable to the convict. In fact, in practice, corruption has the potential to cause wider state losses, not limited to wealth that is directly controlled or enjoyed by the perpetrator.]]>
<![CDATA[Reorientation of Indonesian Economic Law Reform in the Era of Economic Modernization and Globalization ]]>
<![CDATA[Fauzi, Muhammad Fauzi Rais]]>
<![CDATA[ Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v12i1.41337
<![CDATA[Economic modernization and globalization have significantly transformed the structure and dynamics of national economies, including Indonesia’s economic system. These developments pose substantial challenges to the existing framework of economic law, which must adapt to rapid technological advancements, cross-border economic activities, and increasing global competition. This study aims to analyze the influence of economic modernization and globalization on Indonesian economic law and to examine the necessity of reorienting economic law reform to address these challenges effectively. This research employs a normative legal research method with a statutory and conceptual approach, examining relevant laws, regulations, and legal doctrines related to economic law in Indonesia. The analysis focuses on identifying structural limitations within current legal frameworks and evaluating their responsiveness to global economic changes. The findings indicate that Indonesian economic law reform has not fully accommodated the complexities of economic modernization and globalization, particularly in ensuring regulatory adaptability, legal certainty, and balanced protection between national economic interests and global market demands. Therefore, a reorientation of economic law reform is essential to create a more adaptive, inclusive, and competitive legal framework. This study contributes to the development of economic law by offering a conceptual framework for reorienting Indonesian economic law reform in line with contemporary economic realities and global economic integration.]]>
<![CDATA[Deconstructing Dominus Litis Towards the Parens Patriae Paradigm of the Prosecutor's Office in Protecting Child Victims ]]>
<![CDATA[Zenericho]]>;
<![CDATA[Tehupeiory, Aarce]]>;
<![CDATA[A. Siregar, Rospita]]>;
<![CDATA[L. Panggabean, Mompang]]>
<![CDATA[ Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v12i1.41514
<![CDATA[This study aims to reconstruct the role of the Prosecutor's Office in the Indonesian juvenile criminal justice system, particularly in addressing the phenomenon of child delinquency where the perpetrator is under 12 years old. The fundamental problem arises when the prosecution process is formally halted (based on Article 21 of the SPPA Law), which implicitly causes the Prosecutor to ignore the victim's rights by his capacity as Dominus Litis. Through normative juridical research methods with a philosophical and conceptual approach, this study identifies a systemic failure in realizing substantive justice for child victims. The originality of this thinking lies in the deconstruction of the Prosecutor's rigid role from merely a public prosecutor to a representative of the state through the doctrine of Parens Patriae. The results of the study recommend an integrative protection model based on Pancasila Justice, where the Prosecutor acts as a restorative catalyst that guarantees restitutio in integrum for child victims through an institutionalized non-litigation mechanism.]]>
<![CDATA[From Authoritarianism to Participatory Governance? A Legal and Constitutional Review of Public Participation in Indonesia’s Mineral and Coal Mining Laws ]]>
<![CDATA[Pelengkahu, Muhamad]]>
<![CDATA[ Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v12i1.41546
<![CDATA[This article critically examines the evolution of public participation in Indonesia’s mineral and coal mining legislation from the post‑independence era through the 2023 reforms. Drawing on a normative‑doctrinal methodology, it analyses four principal statutes (Law No. 11/1967, Law No. 4/2009, Law No. 3/2020 (as amended by the Law No. 6/2023)) alongside their derivative regulations. The study deploys Arnstein’s ladder of participation to assess the degree of meaningful engagement granted to affected communities, and integrates the Constitutional Court’s five‑function model of state resource control (beleid, bestuursdaad, regelendaad, beheersdaad, toezichthoudensdaad) and Ostrom’s collective‑action theory to contextualize normative shifts. Findings reveal that under the 1967 regime, public involvement was effectively absent, amounting to non‑participation. The 2009 Mining Act introduced tokenistic consultation and information‑sharing mechanisms without substantive influence. The 2020 amendments marked a shift toward partnership—granting formal channels for complaints, community development obligations, and limited consent procedures—yet persisted in privileging state and corporate prerogatives. The 2023 reforms further codified participatory requirements in area designation and social‑and‑environmental funding, but enforcement and procedural clarity remain uneven. The article concludes that while Indonesia’s mining laws reflect progressive normative commitments to public participation, significant gaps in implementation, transparency, and community empowerment persist. It recommends targeted regulatory guidance and stronger monitoring mechanisms to align statutory provisions with constitutional and international participatory standards.]]>
<![CDATA[Legal Protection for Abusers as Self-Victimizing Victims in Countermeasures to Narcotics Crimes ]]>
<![CDATA[Puspitasari, Vera Desti]]>;
<![CDATA[Maskur, Muhammad Azil]]>
<![CDATA[ Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v12i1.41727
<![CDATA[Narcotics abuse is a social and legal problem that has various serious impacts in Indonesia. Not only individuals who consume them impact, but also have a wide impact on the people around them and the country's legal system. Therefore, the handling of narcotics abusers must be carried out comprehensively. Narcotics abusers are often positioned as mere perpetrators of crimes, even though they are also victims of psychological and physical dependence. The case described above creates a special concept known as self-victimizing victims, who are individuals who are victims of their own criminal acts. In Law Number 35 of 2009 concerning narcotics, there are regulations regarding criminal penalties for narcotics abusers, however law enforcement is still predominantly repressive. This article aims to knowing and understanding the concept of self-victimizing victims in drug abusers as an effort to overcome narcotics crimes, and to describe and provide policy recommendations regarding legal protection for narcotics abusers as self-victimizing victims in order to improve the prevention of narcotics crimes that are more humane and proportional. Therefore, the problem formulation emerged: 1.) How is the concept of self-victimizing victims in narcotics abusers as countermeasures to narcotics crimes? And, 2.) How is the policy recommendations legal protection for narcotics abusers as self-victimizing victims to overcome narcotics crimes?. This study uses a normative juridical research method with a qualitatively approach. In this study, it was found that legal protection for drug abusers as self-victimizing victims requires policy reform through a double track system approach, repressive and rehabilitative punishment.]]>
<![CDATA[Review of Food Estate Legal Policy in Maintaining Food Sovereignty Based on State Obligations ]]>
<![CDATA[Ishaq Dhimas Bayuaji]]>;
<![CDATA[Laga Sugiarto]]>
<![CDATA[ Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v12i1.41889
<![CDATA[This study analyzes the legal framework of Indonesia's Food Estate policy, evaluating its alignment with the constitutional mandate of Food Sovereignty and State Obligations. Employing normative legal research with Regulatory Impact Assessment (RIA) and ROCCIPI frameworks, the study diagnoses regulatory disharmony and effectiveness. The findings reveal a fundamental paradigm shift from "Food Sovereignty" to "Food Security" within the Food Estate regulations, characterized by a corporate-centric approach that marginalizes local farmers. The research identifies critical vertical and horizontal disharmonies, particularly between the Forestry Law and implementing regulations, which facilitate land conversion in protected forests and weaken environmental safeguards through "Fast KLHS" mechanisms. This creates a "state of exception" that risks repeating historical ecological failures. The study concludes that the current policy contains structural legal flaws violating the state's obligation to respect and protect human rights. It recommends an immediate moratorium on land clearing in protected areas, regulatory harmonization, and a strategic pivot towards a community-based food sovereignty model.]]>
<![CDATA[Postnuptial Agreement as an Instrument for Protecting the Land Rights of Indonesian Citizens in Mixed Marriages ]]>
<![CDATA[Putri, Fara Diva Arrum Clarisa]]>;
<![CDATA[Baidhowi]]>
<![CDATA[ Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v12i1.41890
<![CDATA[Land occupies a strategic position in the Indonesian agricultural legal system, in which the right to land ownership is reserved for Indonesian citizens (WNI) only, in accordance with Article 21 of the Basic Agrarian Law (UUPA). This provision poses a problem for WNI who are in mixed marriages. The reason for this is that the joint property system can lead to land ownership rights being regarded as mixed ownership and thus run the risk of passing into the hands of foreign nationals (WNA). This study analyzes the role of marriage contracts as a legal solution to protect the land ownership rights of WNI in mixed marriages. The study uses a legal-normative method with a legislative and conceptual approach. The results of the study show that Constitutional Court Decision No. 69/PUU-XIII/2015 recognizes prenuptial agreements concluded after marriage, allowing for retroactive separation of property. Furthermore, this protection is reinforced by Government Regulation No. 18 of 2021, Article 70, which states that Indonesian citizens married to foreigners can retain land rights based on a property division agreement. This is further reinforced by technical regulations issued by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency, which provide legal certainty and administrative mechanisms for land ownership. Overall, marriage contracts serve as an important tool for protecting the constitutional rights of Indonesian citizens, preventing control of land by foreigners, and ensuring justice and legal certainty in mixed marriages.]]>
<![CDATA[Responsiveness Action in Handling Adult Male Rape Cases in the Struggle of Toxic Masculinity Culture ]]>
<![CDATA[Qurrotul Aini, Almira]]>;
<![CDATA[Fidiyani, Rini]]>
<![CDATA[ Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v12i2.41970
<![CDATA[The culture of toxic masculinity is still a significant obstacle in handling rape cases against adult men. The view that men should always be strong and unlikely to be victims leads to low reporting and weak institutional attention. This study aims to analyze the factors of rape of adult men in the struggle of toxic masculinity culture and examine the responsiveness of law in its handling using Nonet and Selznick's responsive legal theory as an analytical framework. This research uses a qualitative approach with a socio-legal research type, which combines observation, interviews, questionnaires and literature studies. The results of the study show that toxic masculinity functions as a structural barrier that suppresses the victim's courage to report, triggers the bias of law enforcement officials, and increases the risk of secondary victimization. Although Indonesia's positive law has moved towards more inclusive victim recognition through the Indonesia Criminal Code Number 1 of 2023, legal implementation still faces challenges in terms of institutional sensitivity and substantive protection of victims. This study emphasizes the importance of strengthening gender-justice-oriented responsive laws in ensuring protection and recovery for adult male rape victims.]]>
<![CDATA[The President's Authority in Granting Abolition as State Mercy From A Legal and Political Perspective (Case Study of Tom Lembong's Abolition) ]]>
<![CDATA[Rifa'i, Rizky Nanda]]>;
<![CDATA[Dani Muhtada]]>
<![CDATA[ Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v12i1.42080
<![CDATA[This study examines the authority of the President in granting abolition within the framework of the Indonesian rule of law, focusing on the tension between legal certainty and substantive justice. The main issue of this study is the shift in the function of abolition from a normative corrective mechanism to a pragmatic political instrument, as seen in the controversial case of Thomas Trikasih Lembong. The purpose of this study is to analyze the philosophical and juridical basis of abolition and to evaluate how political dynamics influence the decision to grant abolition in 2025. Using a normative legal research method through a legislative, conceptual, and case approach, this study finds that although abolition has a constitutional basis in Article 14 section (2) of the 1945 Constitution of the Republic of Indonesia, its implementation in the Thomas Lembong case functions as "political language" to maintain national stability and reconciliation among elites. The findings of the study show a gap between formal legal legitimacy and public perception, where abolition is viewed ambivalently as a means of reconciliation and a potential source of impunity for elites. This study concludes that abolition is an important "safety valve" in the constitutional system to bridge procedural law with humanitarian values, but transparent technical regulations and objective criteria are needed to ensure that this discretionary authority remains accountable and consistent with the principles of justice and the rule of law.]]>
