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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 249 Documents
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Implementation of Investment Company Licensing in the KITS (Case Study: Waste Pollution by Domestic Investors) Amanda Satyawati; Duhita Driyah Suprapti
Law Research Review Quarterly Vol. 12 No. 3 (2026): Articles in Press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i3.46143

Abstract

The paradigm shift in licensing through Law No. 6 of 2023 on Job Creation introduced the Risk-Based Business Licensing System (PBBR), which shifted state control from ex-ante to ex-post. However, the efficiency of this investment faces serious challenges in terms of environmental sustainability, as occurred in the Terboyo Industrial Area in Semarang (KITS) where waste leakage caused mass fish deaths in May 2025. This study aims to analyze the implementation of risk-based licensing for Domestic Investment Companies (PMDN) and evaluate the mechanism for monitoring environmental compliance in the field. The method used is juridical-sociological with a descriptive qualitative approach. Primary data was obtained through interviews with the Semarang City Environmental Department and the Investment and One-Stop Integrated Services Agency of Central Java Province, while secondary data included legislation and related legal literature. The results of the study show that although the OSS-RBA system has improved bureaucratic efficiency and time certainty for business actors, there is a significant gap between das sollen and das sein. Weak coordination and unsynchronized monitoring frequency between technical agencies and area managers create compliance gaps that weaken early detection of pollution. Evidently, the TDS parameter of the waste reached 23,510 mg/L, far exceeding the threshold of 1,000 mg/L. Policy redesign is needed through strengthened periodic monitoring by technical agencies and the enforcement of strict sanctions based on the principle of strict liability to ensure bureaucratic reforms maintain the principles of sustainable development.
Comparative Study of Restorative Justice in Indonesia and Australia under The New Criminal Code Agnes Zefanya Sinaga; Indung Wijayanto
Law Research Review Quarterly Vol. 12 No. 4 (2026): Articles in Press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i4.46174

Abstract

In addition to analyzing the role of victims in the process, this study compares the implementation of restorative justice in Indonesia's New Criminal Code (KUHP) with developing practices in Australia. Using a legislative and comparative law perspective, this study uses a normative legal technique. According to research, Law No. 1 of 2023's restorative justice measures represent a paradigm change from a retributive to a restorative approach. Nevertheless, these clauses are still mostly normative and lack thorough implementation methods. Australia, on the other hand, has created a restorative justice system that is more integrated and structured, giving victims greater chances to participate in the case settlement process. According to this study, victims play a more active and significant role in Australia, but in Indonesia, their position is still relatively limited because there are no specific regulations. A careful examination also identifies implementation issues, including ambiguous standards, possible discrepancies in application, and constraints on the ability of law enforcement personnel. Additionally, the implementation of restorative justice has strategic implications for advancing the global agenda established by the United Nations through the Sustainable Development Goals (SDGs), especially Goal 16 on justice, peace, and institutional building. Therefore, in order to guarantee the successful implementation of restorative justice in Indonesia while assisting in the development of a just and sustainable judicial system, it is required to strengthen subsidiary rules, institutions, and human resource capability.
Implementation of Criminal Profiling as a Supporting Tool for Investigators of Children as Perpetrators of Violent Crimes Cicilia Tan; Rasdi Rasdi
Law Research Review Quarterly Vol. 12 No. 4 (2026): Articles in Press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i4.46203

Abstract

Children committing violent crimes has been rampant in Indonesia in recent months. The emergence of klitih, a phenomenon where teenagers commit crimes on the streets, has occurred in several regions of Indonesia, such as Yogyakarta and Semarang, as well as several other areas. Law enforcement for children and adults is very different; children must receive humane, comprehensive treatment that prioritizes their interests. Investigators as law enforcers must understand the social, psychological, and environmental conditions of children who commit violent crimes. The law is constantly evolving with the times, one example being criminal profiling, which aims to analyze the behavior patterns, mental conditions, social conditions, and characteristics of criminals. The practice of law enforcement using criminal profiling methods can help investigators understand the mental and social conditions of children and the characteristics that underlie their behavior as perpetrators of crime.
GOVERNMENT RESPONSIBILITY FOR THE FREE NUTRITIONAL MEAL PROGRAM POLICY BASED ON THE PRINCIPLE OF LIABILITY IN CASES OF STUDENT POISONING Zahra Ekasiwi Megawati
Law Research Review Quarterly Vol. 12 No. 4 (2026): Articles in Press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i4.46750

Abstract

The Free Nutritious Meal Program (MBG) is an affirmative action policy implemented by the government within the framework of a welfare state. Its purpose is to fulfill children's constitutional rights to nutrition, health, and protection, as guaranteed in the 1945 Constitution of the Republic of Indonesia. This program aims to improve the quality of the workforce by providing nutritious food to students, toddlers, pregnant women, and breastfeeding mothers. However, in 2025, during its implementation, several cases of mass poisoning occurred in several areas, causing thousands of students to experience health problems. These incidents have raised legal issues related to the application of the principle of responsibility, in determining the form and scope of government responsibility as a direct provider of public services.   This research uses a normative legal approach with statutory, conceptual, and case studies methods. The legal materials analyzed include Law Number 30 of 2014 concerning Government Administration, Law Number 18 of 2012 concerning Food, Law Number 8 of 1999 concerning Consumer Protection, the Civil Code, and regulations governing food safety and the management of food safety products. This analysis examines the application of fault-based and absolute liability in situations where government action is taken.   This research shows that the government cannot avoid responsibility simply by involving third parties, as MBG is a form of public authority. However, obstacles remain, including inconsistent regulations and a lack of clear compensation for affected individuals. Therefore, legal regulations need to be harmonized and improved to ensure legal certainty and adequate protection for children, the most vulnerable group.
Reconstruction Of Indonesian Contract Law Toward Substantial Justice Auliah Ambarwati; Anggi Sri Haryati Simarmata; Afnan Raodah
Law Research Review Quarterly Vol. 12 No. 4 (2026): Articles in Press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i4.46823

Abstract

Indonesian contract law, rooted in the Civil Code (Kitab Undang-Undang Hukum Perdata / KUH Perdata) inherited from the Dutch colonial era, has long prioritized freedom of contract and formal legal certainty. However, this paradigm frequently overlooks structural inequalities between contracting parties, rendering contracts susceptible to becoming instruments of legalized injustice. This article aims to examine the reconstruction of Indonesian contract law toward substantial justice through four strategic steps: (1) reinterpretation of the principle of freedom of contract, bounded by propriety, balance, and good faith; (2) strengthening of the principle of balance as a corrective mechanism against the unequal positioning of parties; (3) substantive revitalization of good faith as an animating principle throughout all phases of the contractual relationship; and (4) expansion of the judicial role as an active guardian of justice. This research employs a normative legal method with statutory, conceptual, and comparative approaches. Primary legal materials include the Civil Code, court decisions, and relevant legislation, while secondary legal materials encompass scholarly literature and national as well as international legal journals. The findings indicate that true contractual justice cannot be measured solely by the existence of formal consent, but must be assessed against whether the substance and process of contract formation are genuinely fair, balanced, and respectful of the dignity of all parties. A reconstruction of contract law that integrates substantial justice will transform it from a mere instrument of formal certainty into a genuine means of realizing a more just and dignified society.
Legal Analysis of the Status of Song Copyright Royalties as Joint Assets in Divorce Proceedings (A Study of Judgement Number 1622/Pdt.G/2023/PA.JB) Keisya Yvoni Riesvandha
Law Research Review Quarterly Vol. 12 No. 4 (2026): Articles in Press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i4.47017

Abstract

This study analyzes the status of copyright royalties for musical works as joint assets following divorce, based on the case in Judgment No. 1622/Pdt.G/2023/PA.JB. Methodology employed combines a normative legal approach with a literature review. The analysis demonstrates that copyright royalties can be classified as joint assets because they constitute ongoing income derived from works created during the marriage. A spouse who contributed to the creation of intellectual assets has the right to a share of the assets, even if they are not the rights holder. Although this is not explicitly provided for in copyright law, as seen in Judgment No. 1622/Pdt.G/2023/PA.JB, this does not preclude the possibility of dividing the royalties. In the proceedings of this case, the judge referred to theory distributive justice and ensured that the distribution of royalties was proportional and fair, based on the contributions and roles of each party within marital relationship. In accordance with the provisions of matrimonial law based on the Marriage Act, the Civil Code, and the Compilation of Islamic Law, the same result would apply when dividing copyright royalties as joint assets, with receiving half of the joint assets.
Economic Exploitation of Children: An Integrated Handling Model for the Protection of Children's Constitutional Rights (Study in Pati Regency) Sofia Ayut Lutfiana; Indah Sri Utari
Law Research Review Quarterly Vol. 12 No. 4 (2026): Articles in Press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i4.47018

Abstract

Economic exploitation of children is still a serious problem that occurs in various regions, including in Pati Regency, and has adirect impact on the violation of children's rights. This problem is generally triggered by the socio-economic conditions of vulnerable families and low legal awareness of the community, that children are often used as a means to gain economic benefits. This study to analyze law enforcement against the crime of economic exploitation of children in Pati Regency and formulate an integrated handling model in the context of protecting children's constitutional rights. The method used is sociological juridical with a qualitative approach, through the collection of primary data obtained from the public and law enforcement officials, as secondary data sourced from laws and regulations and literature studies. The results of the study show that normatively the legal apparatus for child protection has been adequate, its implementation at the regional level has not been running optimally. Law enforcement is still dominated by preventive efforts, while repressive actions against exploiters have not been carried out firmly and consistently. Low legal culture of the community is also a factor that inhibits the effectiveness of child protection. This study concludes that it is necessary to strengthen fair law enforcement, increase cross-sector coordination, and build community legal awareness as part of an integrated handling model to suppress the practice of economic exploitation of children and ensure the protection of children's constitutional rights in a sustainable manner.
Legal Analysis of BPOM Supervision of Illegal Cosmetic Product Distribution: A Case Study of Reza Gladys Products Yuliana Munthe
Law Research Review Quarterly Vol. 12 No. 4 (2026): Articles in Press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i4.47030

Abstract

This study aims to analyze the effectiveness of supervision conducted by the Food and Drug Supervisory Agency (BPOM) on the distribution of illegal cosmetics in Indonesia through a case study of products marketed by Reza Gladys. The rampant circulation of illegal cosmetics, particularly through digital platforms and social media, indicates challenges in ensuring business operators' compliance with product safety, quality, and legality standards in accordance with statutory regulations. This study uses a normative juridical method with a regulatory and conceptual approach to examine BPOM's pre-market and post-market supervision mechanisms and the obligations of business actors in obtaining distribution permits before marketing products. The results of the study indicate that the distribution of cosmetics without distribution permits has the potential to pose risks to consumers because they do not undergo a safety evaluation process and do not provide accurate information about their composition or how to use them. A case study of products marketed by Reza Gladys shows violations in the form of a lack of distribution permits and marketing practices that have the potential to mislead consumers. Therefore, strengthening digital supervision, law enforcement, and inter-agency coordination is necessary to improve legal protection for consumers.
Implications of Constitutional Court Decision number 83/PUU-XXII/2024 on Procedures and Proof of Police Claims in Life Insurance Disputes Reza Yuda; Kamal Ubaidillah
Law Research Review Quarterly Vol. 12 No. 4 (2026): Articles in Press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i4.47050

Abstract

Life insurance disputes in Indonesia frequently reveal a significant power imbalance between policyholders and insurance companies, traditionally exacerbated by Article 251 of the Commercial Code (KUHDagang) that allowed unilateral policy cancellations by insurers. This research aims to comprehensively examine the implications of the Constitutional Court Decision No. 83/PUU-XXII/2024 on the procedures and evidentiary requirements of policy claims in life insurance disputes. The study adopts a normative juridical approach, utilizing qualitative descriptive-analytical methods to evaluate legal documents, norms, and principles. The findings indicate a paradigm shift from an insurer-centric process to a balanced mutual legal framework. The Constitutional Court decision eliminates the insurer's right to unilaterally cancel policies based on misrepresentation, now mandating mutual agreement or a binding court decision. Consequently, the burden of proof is rebalanced, compelling insurers to conduct rigorous pre-event underwriting and prove material misrepresentation during dispute resolution. In conclusion, the ruling fundamentally restores policyholders' constitutional rights and legal certainty. However, to fully realize these equitable procedural shifts, regulatory bodies and the industry must implement operational harmonizations, including revising standard policy clauses, establishing clear material evidence guidelines, and strengthening non-litigation mediation mechanisms.
Abuse of Authority in Procurement Under the Corruption Law Asis; Devi Mutiara Sanni
Law Research Review Quarterly Vol. 12 No. 4 (2026): Articles in Press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i4.47077

Abstract

Nowadays, the practice of corruption in government procurement of goods and services is becoming increasingly sophisticated, and it is not uncommon for perpetrators to hide behind formal procedures such as the determination of the Self-Estimated Price (Harga Perkiraan Sendiri/HPS). This becomes legally justifiable because Article 26, Paragraph (6) of Presidential Regulation No. 16 of 2018 states that the HPS is not the basis for calculating the amount of state financial loss. However, the crime of corruption in the context of procurement does not lie in the numerical difference, but rather in the malicious intent (mens rea) when abusing authority in the process of determining the HPS. This study uses a normative legal research method with a statutory and case approach. This research addresses the following issues: 1). Can the inflation of the Self-Estimated Price (HPS) fulfill the element of "abuse of authority" in Article 3 of the Corruption Eradication Law, even though it is not used as the basis for calculating state losses? 2). Is proving malicious intent (mens rea) in the HPS determination process more essential to prosecute corruption perpetrators compared to proving the amount of state financial loss? In this study, it was found that an unreasonable HPS is not a representation of state loss, but rather an instrumentum delicti a tool intentionally created to facilitate the crime. The main finding shows that the act of inflating the HPS perfectly fulfills the element of "abusing authority" in Article 3 of the Corruption Eradication Law, as this action creates a corrupt opportunity for other parties. Therefore, it is imperative that law enforcement officials prioritize investigations into the process and methodology of HPS formulation to prove conspiracy and abuse of authority, rather than being trapped in debates about calculating state losses based on estimations.

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