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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 156 Documents
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Review of Food Estate Legal Policy in Maintaining Food Sovereignty Based on State Obligations Ishaq Dhimas Bayuaji; Laga Sugiarto
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.v12i1.41889

Abstract

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.
Postnuptial Agreement as an Instrument for Protecting the Land Rights of Indonesian Citizens in Mixed Marriages Putri, Fara Diva Arrum Clarisa; 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.v12i1.41890

Abstract

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.
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.
Responsiveness Action in Handling Adult Male Rape Cases in the Struggle of Toxic Masculinity Culture Qurrotul Aini, Almira; Fidiyani, Rini
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.v12i2.41970

Abstract

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.
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).
The President's Authority in Granting Abolition as State Mercy From A Legal and Political Perspective (Case Study of Tom Lembong's Abolition) Rifa'i, Rizky Nanda; Dani Muhtada
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.v12i1.42080

Abstract

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.
Normative Analysis of Criminal Accountability for Transnational Organized Drug Smuggling through False Concealment at Yogyakarta International Airport Yuniar, Divia Avril; Widyawati, Anis
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.v12i1.42132

Abstract

This study discusses the legal gap in determining criminal liability for Transnational Organized Crime (TOC) networks that use false concealment methods in smuggling liquid methamphetamine at Yogyakarta International Airport. The main problem lies in the limitations of Indonesian criminal law in reaching criminal liability not only for the direct perpetrators, but also for the entire syndicate structure, such as coordinators, facilitators, and financiers, because the method of concealment makes it difficult to prove. This study uses a normative juridical approach by analyzing the integration between the Narcotics Law (Law No. 35 of 2009) as lex specialis and the Criminal Code, specifically Articles 55 and 56, in determining collective criminal liability. The results show that the method of disguising narcotics in the form of consumer goods reveals normative and structural weaknesses in the current criminal liability system. As a scientific contribution, this study proposes an expanded model of criminal liability that integrates narcotics law, the doctrine of participation, and money laundering provisions to cover the entire TOC network. This study concludes that strengthening criminal liability for transnational narcotics crimes requires updating legal doctrines, strengthening international cooperation, and implementing additional legal provisionsto make law enforcement more effective and provide a deterrent effect.
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.

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