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Law Research Review Quarterly
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 27163415     DOI : https://doi.org/10.15294/snh
Core Subject : Education, Social,
Education Law, Crime, Criminology & Criminal Justice
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 119 Documents
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Legal Aspects of Open‑Source Software: A Comparative Study of Google Chrome and Android Platforms Kazemzadeh, Roya
Law Research Review Quarterly Vol. 11 No. 4 (2025): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i4.40352

Abstract

Open‑source software, due to its transparent nature, participatory framework, and high customizability, plays a pivotal role in the development of information technology. This article examines the legal aspects of open‑source software by focusing on two major Google platforms—Google Chrome and Android. The purpose of this study is to conduct a comparative legal analysis of these two platforms and to identify the challenges and opportunities associated with the adoption of the open‑source model. To this end, the paper first defines and conceptualizes key notions such as Free Software and Open‑Source Software, elucidating their underlying nature and philosophical foundations. It then explores the legal frameworks governing such software, including various types of open‑source licenses and the obligations arising therefrom. Subsequently, critical legal concepts such as Copyleft, FOSS (Free and Open‑Source Software), and related issues are analyzed, particularly in light of landmark litigation such as Oracle v. Google. These analyses contribute to a deeper understanding of the legal complexities and the challenges faced by developers and users of open‑source software. Although the general focus of this study is on the legal context of Iran, comparative references are made to jurisdictions with advanced open‑source ecosystems, such as the United States, China, and other jurisdictions. This comparative analysis provides a clear picture of the legal dimensions of open‑source software and the challenges associated with it, offering valuable insights for developers, legal practitioners, and policymakers in achieving a more effective governance and management of open‑source systems.
Handling Corruption as a Social System: An AGIL-Based Socio-Legal Analysis of Prosecutorial Practices in South Sulawesi Prasetya, Muhammad Djaelani
Law Research Review Quarterly Vol. 11 No. 4 (2025): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i4.40596

Abstract

This article examines the handling of corruption in South Sulawesi through a socio-legal approach by applying Talcott Parsons' AGIL (Adaptation, Goal Achievement, Integration, and Latency) framework to structured interviews. Different from the dominant approach that frames the handling of corruption primarily in terms of legal compliance, institutional capacity, or political matters, this article conceptualizes handling as a dynamic social system shaped by the institutional practice and professional experience of prosecutors. Empirical data was collected through structured interviews with 25 prosecutors from 24 district attorney's offices and 1 person from the South Sulawesi High Prosecutor's Office, all of whom had first-hand experience in dealing with corruption. The findings suggest that the handling depends on a functional balance between technical adaptation to complex corruption schemes, the achievement of substantive objectives oriented towards the deterrent effect and recovery of assets, institutional integration through teamwork and inter-agency coordination, and latency mechanisms that support professional values, and psychological stability. Disruption to AGIL's function can weaken the performance of handling corruption. This article offers a contribution by developing the AGIL framework from the normative side to the practical direction of institutional-based. This article affirms the concept of institutional balance to explain the legal structure, organizational coordination, and professionalism interacting in maintaining the handling of corruption at the regional level.
Non-Conviction Based Asset Forfeiture as an Instrument for Recovering State Losses in Corruption Crimes in Indonesia Orrisa Firsta Graviddita; Indung Wijayanto
Law Research Review Quarterly Vol. 11 No. 4 (2025): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i4.40783

Abstract

NCBAF as emerged as a strategic legal instrument for recovering state losses arising from corruption, particularly in jurisdictions where conviction-based mechanisms prove ineffective. In Indonesia, the recovery of assets obtained through corruption remains heavily dependent on final and binding criminal judgments, a requirement that often delays asset confiscation and creates opportunities for offenders to conceal, transfer, or dissipate illicit assets. This study examines the weaknesses of the existing asset forfeiture framework within the Indonesian legal system and analyzes the urgency of adopting NCBAF as an alternative mechanism for recovering state losses in corruption cases. Employing normative legal research, this study adopts statutory and conceptual approaches through an analysis of national legislation and relevant international standards, particularly the United Nations Convention against Corruption (UNCAC). The findings demonstrate that the current conviction-based asset forfeiture regime is inadequate to address situations in which perpetrators have fled, died, or transferred assets to third parties. NCBAF, which operates through an in rem approach and focuses on the illicit origin of assets rather than the criminal liability of individuals, offers significant potential to accelerate asset recovery and close existing legal loopholes. The study concludes that comprehensive and clearly formulated regulations governing NCBAF are urgently required to strengthen Indonesia’s anti-corruption framework, enhance the effectiveness of state loss recovery, and ensure legal certainty while upholding due process of law.
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 Oktavia, Widya; Sumardiana, Benny
Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v12i1.41054

Abstract

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.
Criminalization of Corruption and Maximization of Asset Recovery in a Political and Legal Perspective (PT Asabri Case Study) Zahra Putri Pertiwi; Utari, Indah Sri
Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v12i1.41177

Abstract

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.
Reorientation of Indonesian Economic Law Reform in the Era of Economic Modernization and Globalization Fauzi, Muhammad Fauzi Rais
Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v12i1.41337

Abstract

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.
Deconstructing Dominus Litis Towards the Parens Patriae Paradigm of the Prosecutor's Office in Protecting Child Victims Zenericho; Tehupeiory, Aarce; A. Siregar, Rospita; L. Panggabean, Mompang
Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v12i1.41514

Abstract

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.
From Authoritarianism to Participatory Governance? A Legal and Constitutional Review of Public Participation in Indonesia’s Mineral and Coal Mining Laws Pelengkahu, Muhamad
Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v12i1.41546

Abstract

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.
Spatial Arrangement between Relocation and Change of River Flow to The Jragung Border Settlement Alia, Rahma; Baidhowi
Law Research Review Quarterly Vol. 12 No. 1 (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.

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