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Law Research Review Quarterly
ISSN : -     EISSN : 27163415     DOI : https://doi.org/10.15294/snh
Core Subject : Education, Social,
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
Search results for , issue "Vol. 12 No. 2 (2026): Articles in press" : 11 Documents clear
Spatial Arrangement between Relocation and Change of River Flow to The Jragung Border Settlement Alia, Rahma; Baidhowi
Law Research Review Quarterly Vol. 12 No. 2 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v12i1.41640

Abstract

This study analyzes community organizations located in the buffer zone of the Jragung River in Demak Regency, which is legally a protected area under Indonesian spatial planning and water management regulations. The primary issue discussed is the continued presence of these organizations in the river boundary area despite clear laws, specifically those stipulated in Demak Regency Regulation Number 6 of 2011, Article 83 paragraph (3), which prohibits development within the river buffer zone, and Law Number 1 of 2011, Article 140, which restricts housing development outside the designated community organization area. These regulations stipulate a minimum distance of five meters from river embankments in areas outside the urban zone. This study aims to explore solutions to these problems. It uses an empirical legal method with a descriptive approach. The legal analysis focuses on the laws and regional regulations governing the river buffer zone, while empirical data is obtained through field observations and interviews with residents living along the Jragung River. Findings indicate that organizations in the river buffer zone developed gradually due to inherited land ownership, economic constraints, strong social continuity with the settlement, and weak government oversight and legal dissemination. While relocation provides hydrological and ecological benefits, it also poses significant social and economic challenges for affected communities. In contrast, river engineering measures, such as river channel straightening and embankment construction, are considered more feasible in the study area because they reduce disaster risk without causing significant social disruption.
Protection of Foreign Famous Brands Based on the First to File Principle in MONSTER and 4MONSTER Disputes Shafira, Shelly Khalimatus; Setiawan, Andry
Law Research Review Quarterly Vol. 12 No. 2 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v12i2.41903

Abstract

This study aims to analyze the application of the first to file principle  in providing legal protection to trademark rights holders in Indonesia, especially in trademark disputes involving well known brands. The background of this research is based on the fact that there is still a frequent conflict between legal certainty for the first registrant and substantive justice for those who have a reputation and use of the trademark first. This research is urgent due to ongoing issues concerning practice of trademark registration carried out in bad faith, which has the potential to cause unfair business competition and harm the owner of the brand in good faith. This research uses a normative juridical method with a legislative approach and a case approach, which focuses on Decision Number 12/Pdt.Sus-HKI/Memerk/2024/PN Niaga Central Jakarta related to the MONSTER and 4MONSTER trademark disputes. The originality of this research lies in its analysis of the application of the first to file principle  in the latest commercial court decisions with an emphasis on the consideration of bad faith and the protection of well-known brands. The findings of the study show that although the Indonesian trademark legal system adheres to  the principle of first to file which is constitutive, legal protection is not provided absolutely if the trademark registration is conducted in bad faith. This article concludes that the ruling strengthens substantive justice and provides important guidelines in balancing legal certainty and fairness in trademark law enforcement in Indonesia.
Reconfiguring Governance and Control of State-Owned Enterprise Subsidiaries in Indonesia after the Establishment of Danantara Sijabat, Tama Amelia Putri; Baidhowi
Law Research Review Quarterly Vol. 12 No. 2 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v12i2.41963

Abstract

The establishment of the Daya Anagata Nusantara Investment Management Agency, hereinafter referred to as Danantara, through Law Number 1 of 2025 marks a fundamental shift in the governance and control of State-Owned Enterprises (SOEs), including their subsidiaries. This transformation replaces the previous governance model, which relied on the administrative authority of the Ministry of SOEs, with a centralized control framework implemented through investment management and holding mechanisms. This study aims to analyze the changes in governance and control over SOE subsidiaries following the establishment of Danantara, particularly with regard to the limits of state control authority, its implications for the principles of good corporate governance, and legal accountability within the SOE corporate group structure. The findings indicate that the establishment of Danantara strengthens state control over SOE subsidiaries both structurally and functionally, particularly through capital management, business planning, and the approval of strategic corporate actions, without altering the legal status of subsidiaries as independent limited liability companies. However, such reinforcement of control has the potential to restrict the autonomy of corporate organs and poses challenges to the implementation of the principles of independence and accountability. This study concludes that clear delineation of Danantara’s control authority is necessary to ensure consistency with the principle of entity separation and the implementation of good corporate governance.
Implementation of Legal Protection for Child Victims of Sexual Violence: A Review of Secondary Victimization at Polrestabes Semarang Putri, Fadilla Elza Aida; Indah Sri Utari
Law Research Review Quarterly Vol. 12 No. 2 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v12i2.42031

Abstract

Sexual violence against children frequently occurs in Semarang, affecting not only the physical but also the psychological well-being of children. In response to the high number of cases of sexual violence against children in Semarang, Polrestabes Semarang as a law enforcement agency, is obligated to provide legal protection to victims. This article aims to analyze the implementation of legal protection for child victims of sexual violence at Polrestabes Semarang and the factors that lead to secondary victimization during the legal process at Polrestabes Semarang. This study uses victimology with a qualitative approach. Data collection techniques in this study were interviews, observation, and document study. Based on the research results, Polrestabes Semarang has implemented legal protection in a preventive and repressive manner. However, several obstacles are still found in its implementation, such as a lack of female investigators, limited psychologists, and cases that suddenly stop (stalled). In addition, child victims of sexual violence still experience secondary victimization during the investigation stage at Polrestabes Semarang, including repeated investigations, victim blaming by investigators, a lengthy legal process, and community stigma. Therefore, it can be concluded that Polrestabes Semarang has sought protection law for child victims of sexual violence, but in its implementation there are still obstacles found until secondary victimization practices towards the victim.
Legal Analysis of Cohabitation and Adultery Delict in Law No. 1 of 2023 On the Criminal Code Fatihah, Kaila Intan; Mursyid, Ali Masyhar
Law Research Review Quarterly Vol. 12 No. 2 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v12i2.42076

Abstract

This study examines the criminalization of adultery and cohabitation in Law No. 1 of 2023 on the Criminal Code (KUHP), focusing on the effectiveness of the absolute nature of the delict under Articles 411 and 412. The main problem identified is the restriction of the subject of the complaint to only include the immediate family, thus creating a legal impasse in accommodating living law, as well as the communal community's unrest over violations of decency in their neighborhood. The purpose of this study is to formulate an ideal formulation of more adaptive law enforcement through normative legal research methods with a legislative and conceptual approach. The results of this study indicate that restricting the right to complain risks triggering vigilante justice (eigenrichting), thus requiring a reorientation of the paradigm through the reconstruction of the nature of the delict into a relative complaint delict. In conclusion, this study offers an ideal formulation in the form of expanding the legitimacy of complainants to include four main pillars, namely husband or wife, parents, children, and traditional leaders or community leaders. This mechanism for making complaints has included traditional authority as a way of moderating the role of social filter in protecting individual privacy and family integrity, yet achieving a balance with the need to maintain socio-cultural peace through local culture and ethics of the Indonesian nation as well as to create a situation where complaint mechanisms are used only as a last resort (the principle of ultimum remedium).
LEGAL UNCERTAINTY OF THE RIGHT TO WORK FOR FOREIGNERS AND INDONESIAN SPOUSES WHO HOLD KITAS BASED ON LAW NUMBER 6 OF 2011 IN SEMARANG CITY Senoaji, Febyola Alistya
Law Research Review Quarterly Vol. 12 No. 2 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i2.42274

Abstract

This normative legal research analyzes the legal uncertainty regarding work rights for Foreign Workers (TKA) in mixed marriages with Indonesian Citizens (WNI) due to the disharmony between Law Number 13 of 2003 concerning Manpower in conjunction with Law Number 6 of 2023 concerning Job Creation (Job Creation Law) and Law Number 6 of 2011 concerning Immigration. The analysis of the norm hierarchy confirms that the Job Creation Law fails to impartially implement Article 42 letter e of the Immigration Law (KITAS mixed marriage), while systematization and synchronization indicate a conflict.special law versus general law which triggers dualism between RPTKA/IMTA and residence permits. Central Java BPS data of 165 foreign workers (2024) and the illegal Kendal case in 2025 illustrates this.that bewhich is contrary to that should Conclusion: The existing framework creates normative uncertainty. Recommendations include revising the Immigration Law (Article 42A, which exempts migrant workers from obtaining a permanent residence permit), a one-stop service Presidential Regulation, and a Ministry of Manpower-Immigration coordination task force to ensure legal certainty, protect families, and prioritize the national workforce in accordance with Article 28D of the 1945 Constitution and Constitutional Court Decision No. 168/PUU-XXI/2023.
LEGAL AND HUMAN RIGHTS IMPLICATIONS OF THE UNEXECUTED DEATH PENALTY IN INDONESIA BASED ON THE PRINCIPLE OF HUMANITY Rafa Reihan Pradipa; Anis Widyawati
Law Research Review Quarterly Vol. 12 No. 2 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i2.42293

Abstract

The death penalty is still maintained within the Indonesian criminal justice system as the most severe form of punishment for extraordinary crimes such as terrorism, narcotics offenses, premeditated murder, and corruption. However, the implementation of the death penalty in Indonesia raises serious legal issues, particularly regarding the prolonged waiting period for execution, which lacks legal certainty. Death row inmates are often required to endure years of uncertainty before execution, even after a final and binding court decision has been rendered. This condition gives rise to legal implications and violations of human rights, especially the right to life, the right to legal certainty, and the right to humane treatment. The prolonged delay in carrying out death sentences potentially causes severe psychological suffering, commonly referred to as the death row phenomenon and death row syndrome, which contradict the principle of humanity as a fundamental value in the formation and enforcement of law in Indonesia. This research employs a normative legal research method using statutory, conceptual, and case approaches to analyze the legal basis of the death penalty and its legal and human rights implications for death row inmates whose executions are indefinitely delayed. The findings indicate that the absence of clear regulations regarding the execution waiting period results in legal uncertainty and violations of the principle of humanity. Although the 2023 Criminal Code introduces conditional death penalty with a ten-year probation period as a moderating approach, such regulation has not fully resolved issues related to psychological suffering and legal certainty for death row inmates. Therefore, comprehensive regulatory reform is necessary to ensure legal certainty, human rights protection, and respect for humanitarian values in the implementation of the death penalty in Indonesia.
Accelerating Waqf Land Certification in the Digital Era to Achieve Legal Certainty Farida Hesti Pratiwi; Rini Fidiyani
Law Research Review Quarterly Vol. 12 No. 2 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i2.42325

Abstract

Waqf land is a religious asset that has a key role function in supporting worship activities and social welfare. However, in practice, there is still a lot waqf land with no official land certificate. In this case, the government issued a policy to accelerate waqf land certification to ensure legal certainty. The government encourages the acceleration of waqf land certification through digital transformation in public services. This article aims to analyze determinants of cause the acceleration of waqf land certification in the digital era and its implementation in achieving legal certainty. This study employs an empirical legal research method with a qualitative approach, through the collection of primary data obtained from interviews and secondary data sourced from laws and regulations and literature studies. The results of the study indicate that in Kebumen Regency, there is still a lot of uncertified waqf land and its implementation is said to be still suboptimal. The factors causing the acceleration of waqf land certification are influenced by several factors, including government regulations and policies, synergy of cooperation between institutions, the active role of officials and assistance to nadzir, increased public legal awareness, and the digitalization of land services. While its implementation demonstrates that actions to accelerate waqf land certification are progressing, strengthening is still need to optimally achieve the set targets. Furthermore, the acceleration of waqf land certification is supported by inter-agency synergy and the use of digital-based information systems.
Absolute Competence of the State Administrative Court over Onrechtmatige Overheidsdaad Disputes in Indonesia’s 2024 Election Fitrada, Azzahra
Law Research Review Quarterly Vol. 12 No. 2 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i2.42450

Abstract

Decision of the Jakarta State Administrative Court Numbers 133/G/TF/2024/PTUN. JKT declared that the claim against the General Election Commission was inadmissible, sparking a discussion about the absolut authoritys of the State Administrative Court (PTUN) in handling onrechtmatige overheidsdaad (OOD) cases during the electoral process. This Articles explores how the PTUN’s absolute authoritys applies to OOD cases stemming from the actions of those managing elections, centering the analysis around Decision Numbers 133/G/TF/2024/PTUN. JKT. The research employs a normative legal framework with an approach that is legislative, conceptsual, and analytical, focusing on the connections betweens Governments Administrations Law, Election Law, and associated court rules and rulings. The findings indicate that the Jakarta PTUN categorizes the subject of the lawsuit as a disagreement related to the election process, falling under the specific purview of election law, thereby negating the relevance of the OOD dispute process as outlined in Governments Administrations Law and the Supreme Court Regulation Numbers 2 of 2019. The conduct of the General Election Commission is viewed as part of the enforcement of the Constitutional Court Decision Numbers 90/PUU-XXI/2023, which is conclusive and binding, making it unsuitable for review via OOD frameworks in the PTUN. The application of the principle lex specialis derogat legi generali constrains the extent of judicial review over electoral administration activities and affects both legal certainty and the efficiency of administrative legal protection.
The Phenomenon of Collective Violence Among Children: A Criminological Analysis of a Beating Case Resulting in Death in Karawang Regency khoiroh, elanti fatayatun; Indah Sri Utari
Law Research Review Quarterly Vol. 12 No. 2 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i2.42468

Abstract

This study examines children's involvement in collective violence resulting in death in Karawang Regency, focusing on criminogenic factors and the patterns and characteristics of group violence. The main issues discussed are how social, environmental, and individual factors influence children's involvement in fatal gang violence, and how patterns of collective violence among children are formed. This study aims to analyze the causes of children's involvement in collective violence, identify the patterns and characteristics of these collective actions, and assess the criminogenic factors that influence children's behavior. The method used is normative juridical legal research supported by an empirical approach and a criminological perspective. Data were obtained through a literature review of laws and regulations, court decisions, and scientific literature, as well as field studies in the form of interviews with public prosecutors handling related cases. All data were analyzed qualitatively using a descriptive approach. The results indicate that children's involvement in collective violence is influenced by weak parental supervision, negative peer influence, and the psychological conditions of adolescents who tend to be impulsive and emotionally dominated. Group dynamics reinforce aggressive behavior and reduce individual responsibility. This study concludes that preventing collective violence by children requires integrated efforts through law enforcement, strengthening the role of the family, fostering a positive social environment, and early intervention against criminogenic risk factors.

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