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MECHANISM OF CONSTITUTIONAL REVIEW IN THE CONSTITUTIONAL COURT: A COMPARATIVE STUDY BETWEEN INDONESIA AND ROMANIA Muhammad Nur Aiman
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.49014

Constitutionality review is an important instrument in modern constitutional states to ensure the supremacy of the constitution. This article discusses the comparison of constitutional review mechanisms for laws in the Constitutional Court between Indonesia and Romania. Both countries share similarities in the civil law legal system, the unitary state form, and the republican form of government, and both place the authority for constitutional review in the Constitutional Court. This research employs normative legal research methods with a comparative approach, based on the rule of law theory and comparative law theory. The results show that Indonesia applies an a posteriori mechanism (after the law is enacted) with broad petitioner access, including individual citizens. In contrast, Romania applies a dual mechanism: constitutional preview (a priori) for draft laws and ratification of international treaties, and constitutional review (a posteriori) for laws through judicial channels and Parliamentary Regulations. Romania imposes stricter limitations on petitioners. Another difference lies in the legal consequences of decisions, where the decisions of the Indonesian Constitutional Court are final and binding from the moment they are pronounced, whereas in Romania, provisions declared unconstitutional lose legal force after 45 days if not remedied by the legislature. This comparison shows that despite similarities in legal systems, political dynamics and institutional design greatly influence the constitutional review mechanisms in each country.

IMPLEMENTATION OF THE REVITALISATION OF THE SUKALILA RIVERBANK AS A GREEN OPEN SPACE IN THE CITY OF CIREBON Muhammad Rizki Meidianto
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.49016

The revitalisation of riverbanks is one of the government’s initiatives to redevelop urban areas whilst restoring the ecological functions of rivers that have long suffered degradation due to uses that contravene spatial planning regulations. The Sukalila riverbank in Cirebon City is one such area facing these issues, where settlements have been built on the riverbank, thereby disrupting environmental functions and causing various problems, such as flooding, pollution, and a decline in environmental quality. These conditions have prompted the local government to carry out enforcement and revitalisation of the riverbank area, transforming it into a betterorganised and sustainable green open space (RTH). This study aims to analyse the implementation of the Sukalila Riverbank revitalisation policy and to identify the factors hindering its implementation. The research method employed is a legal-empirical approach with a qualitative descriptive methodology, examining applicable legal provisions and factual conditions on the ground. Data were obtained through literature review and analysis of regulations pertaining to spatial planning, the environment, and water resource management. The research findings indicate that the implementation of the revitalisation of the Sukalila River banks has progressed through the stages of building regulation, area planning, and the development of green open spaces. However, its implementation has not yet been fully optimal as it continues to face various obstacles, such as community resistance, resource constraints, and a lack of coordination between agencies. Furthermore, the gap between legal norms and on-theground realities also poses a challenge in achieving area planning that complies with applicable regulations. Consequently, more comprehensive and sustainable efforts are required—from legal, social, and institutional perspectives—to ensure that the implementation of riverbank revitalisation policies proceeds effectively and delivers optimal benefits for both the community and the environment.

Efforts to Combat the Exploitation of Child Workers on Social Media From Community Law Perspective Diny Widya Evriyanti Simarangkir
Law Research Review Quarterly Vol. 12 No. 6 (2026): Special Edition Part 2
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i6.49225

The development of digital technology and social media has significantly changed patterns of communication, social interaction, and economic activity. Besides providing benefits, social media also creates opportunities for the exploitation of children in forms increasingly complex and difficult to monitor. Children are not only users of social media but are also vulnerable to being used as objects of content commercialization, gaining popularity, and sources of economic profit for parties. This study aims to analyze the factors causing the exploitation of child workers on social media and efforts to address it from a community law perspective. The study employs a method using legal research through interviews, literature reviews, and documentation. Data were obtained from the Central Java DP3AKB, the Central Java UPTD PPA, and the Rumah Pejuang Keadilan Legal Aid Institute. The results indicate that the exploitation of children is influenced by poverty, low digital literacy, weak family supervision, permissive social culture toward child commercialization, and technological developments enabling anonymous and organized exploitation. From a community law perspective, effective child protection depends not only on regulations but also on legal culture and social awareness in protecting children’s rights in digital spaces. Mitigation efforts are carried out through strengthening regulations, digital monitoring, age restrictions on social media use, improving digital literacy, and involving families, communities, and digital platforms in creating child-friendly digital spaces. This research is also related to achieving SDG 4 on quality education and SDG 16 on child protection, social justice, and strengthening legal institutions in the digital era.

Paradigm Shift in Corruption Punishment: From Imprisonment to State Loss Recovery in the Makassar District Court Decision Muhammad Djaelani Prasetya
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.49295

Corruption as a crime of office, develops towards economic crime that causes state financial losses and requires efforts to recover state assets. These developments affect the practice of criminalizing corruption in Indonesia, especially in the relationship between the public prosecutor's demands and the judge's decision. This study aims to analyze the paradigm shift in corruption punishment in the 2024 Makassar District Court decision through imprisonment, fines, and compensation. This study uses a type of empirical legal research with a socio-legal approach. The research data sources consist of the 2024 Makassar District Court corruption verdict and various legal literature. The results of the study show that prison sentences are still prioritized. However, the practice shows a paradigm shift in punishment through the strengthening of criminal fines and compensation as a means of recovering state losses. In some cases, prison sentences were lowered compared to the Prosecutor's demands, but the substitute money was maintained and even increased. This finding indicates that the criminalization of corruption in Indonesia is moving from prison-oriented punishment to recovery-oriented punishment. However, the recovery of state losses cannot remove prison sentences because the deterrence function is still necessary in the eradication of corruption.

Illegal FAD Installations: Criminal Law Approaches in Indonesian Philippine Waters Albri Labaka
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.49546

This study aims to explain that fish aggregators (FADs) are fishing aids (ABPI) that are an integral part of fishing vessels. The illegal installation of FADs by Filipino fishermen in the EEZ area is contrary to the 1982 UNCLOS, which states that Indonesia has jurisdiction to take action under Law No. 45 of 2009 on fisheries, using normative research methods, conceptual approaches, and legislative approaches. The study results show that the judge in the trial of the case complies with UNCLOS 1982 Article 73 paragraph (3), which is the basis for fines without imposing imprisonment unless there is a prior agreement between Indonesia and the Philippines. As a result, punishing the perpetrator does not have a deterrent effect, so other actors appear to commit the same crime. The weakness of the Fisheries Law is that it does not regulate the application of additional sanctions. Therefore, with the basic idea of a double-track system, in the future, it is necessary to revise the Fisheries Law with the formulation of additional sanctions in the form of ship sinking sanctions, social work sanctions, and the concept of maximizing fines based on social welfare, with a multi-example system.

LEGAL ANALYSIS OF THE APPLICATION OF REHABILITATION BASED PARTICULAR DETERRENCE IN THE CONCURRENT CRIMES BY CHILDREN Diena Mawaddah
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.50076

Handling concurrent criminal acts (concursus) by children still faces an inaccurate approach to punishment between the prevention and protection aspects of children's rights. The dominance of the retributive approach results in less than optimal efforts to reduce child recidivism sustainably. This study aims to analyze the concept, legal basis, and application of rehabilitation-based particular deterrence in judges' considerations in juvenile court decisions. This study uses a normative juridical method with analytical descriptive specifications. The approach used includes legislative, conceptual, and case approaches to juvenile court decisions. Primary legal materials include Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Law Number 35 of 2014 concerning Child Protection, concursus regulations in the Criminal Code, and Law Number 1 of 2023. The analysis was conducted qualitatively through normative interpretation and synchronization with judicial practice. The results of the study indicate that the application of rehabilitation-based particular deterrence plays a strategic role in handling concursus by emphasizing the development and change of children's behavior. This approach is capable of reducing the risk of recidivism while also embracing the principle of the best interests of the child. However, its implementation is inconsistent in judges' considerations, particularly regarding proportionality of punishment and the integration of rehabilitative aspects. Thus, the lack of synchronization between norms and practices has the potential to undermine the effectiveness of juvenile sentencing objectives.

REGULATORY UNCERTAINTY AS A CHALLENGE PROTECTION OF LEGITIMATE EXPECTATIONS FOREIGN INVESTORS: A LEGAL INVESTMENT PERSPECTIVE INDONESIA Zulfikri Akramul Akbar; Arlansyah Harahap
Law Research Review Quarterly Vol. 12 No. 6 (2026): Special Edition Part 2
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i6.51221

Foreign direct investment (FDI) is a strategic instrument for Indonesia’s economic growth. However, the protection of foreign investors’ legitimate expectations namely, the reasonable expectation that the legal framework in place at the time of investment will remain stable and reliable has not yet been explicitly accommodated in Indonesia’s domestic investment laws. This study aims to examine the regulation and recognition of the legitimate expectations doctrine from the perspective of Indonesian investment law and to identify ways to optimize its protection in the face of regulatory uncertainty. The method used is normative legal research employing legislative, conceptual, and comparative approaches. The findings indicate that although Law No. 25 of 2007 on Investment and various BITs ratified by Indonesia implicitly recognize the principle of Fair and Equitable Treatment (FET), its implementation remains dependent on the subjective interpretation of government officials. Regulatory uncertainty stemming from overlapping central and local regulations, policy inconsistencies, and sudden regulatory changes including those in the implementation of the Job Creation Law significantly erode the legitimacy of foreign investors’ expectations. Optimizing protection requires vertical and horizontal regulatory harmonization, the implementation of Regulatory Impact Assessments (RIAs), institutional strengthening of the Investment Coordinating Board (BKPM), and the inclusion of more rigid stabilization and compensation clauses in

REGULATORY UNCERTAINTY AS A CHALLENGE PROTECTION OF LEGITIMATE EXPECTATIONS FOREIGN INVESTORS: A LEGAL INVESTMENT PERSPECTIVE INDONESIA Zulfikri Akramul Akbar; Arlansyah Harahap
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.51224

Foreign direct investment (FDI) is a strategic instrument for Indonesia’s economic growth. However, the protection of foreign investors’ legitimate expectations namely, the reasonable expectation that the legal framework in place at the time of investment will remain stable and reliable has not yet been explicitly accommodated in Indonesia’s domestic investment laws. This study aims to examine the regulation and recognition of the legitimate expectations doctrine from the perspective of Indonesian investment law and to identify ways to optimize its protection in the face of regulatory uncertainty. The method used is normative legal research employing legislative, conceptual, and comparative approaches. The findings indicate that although Law No. 25 of 2007 on Investment and various BITs ratified by Indonesia implicitly recognize the principle of Fair and Equitable Treatment (FET), its implementation remains dependent on the subjective interpretation of government officials. Regulatory uncertainty stemming from overlapping central and local regulations, policy inconsistencies, and sudden regulatory changes including those in the implementation of the Job Creation Law significantly erode the legitimacy of foreign investors’ expectations. Optimizing protection requires vertical and horizontal regulatory harmonization, the implementation of Regulatory Impact Assessments (RIAs), institutional strengthening of the Investment Coordinating Board (BKPM), and the inclusion of more rigid stabilization and compensation clauses in

THE ROLE OF THE SEMARANG CITY LABOR OFFICE IN MEDIATING INDUSTRIAL RELATIONS DISPUTES REGARDING UNILATERAL TERMINATION OF EMPLOYMENT AGAINST VICTIMS OF WORK-RELATED ACCIDENTS Mafidhotul Khasanah; Ubaidillah Kamal
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.51865

Unilateral termination of employment against workers who are victims of workplace accidents remains a common issue in industrial relations practices in Indonesia. This situation highlights a gap between the legal protections established in various laws and regulations and their implementation in practice. Workers who are victims of workplace accidents are in a vulnerable position because they not only suffer physical and psychological harm but also face the potential loss of their jobs and livelihoods. This study aims to analyze legal provisions regarding the protection of workers who are victims of workplace accidents from unilateral termination, examine the implementation of mediation by the Semarang City Manpower Office in resolving industrial relations disputes, and evaluate the effectiveness of mediation in providing substantive protection and restoration of workers’ rights following the enactment of LawNo. 6 of 2023 on Job Creation. This study employs an empirical legal research method with a qualitative approach. Primary data was obtained through interviews with industrial relations mediators at the Semarang City Labor Office, while secondary data was obtained through a literature review of relevant laws and regulations, books, and scientific journals. The research findings indicate that, normatively, protection for workers who are victims of workplace accidents is regulated under the Labor Law, the Job Creation Law, the occupational social security system, the Return to Work (RTW) Program, and the Law on Persons with Disabilities. However, implementation has not been optimal due to an imbalance in bargaining power between workers and employers, limitations on mediators’ authority, weak labor oversight, and a preference for resolving disputes through compensation rather than restoring employment relationships. Therefore, it is necessary to strengthen the mediation function, optimize the Return to Work (RTW) Program, and improve inter-agency coordination to realize legal protection and substantive justice for workers who are victims of workplace accidents.

Social Security Protection for Laid-Off Workers in the Sritex Mass Retrenchment: A Welfare State Analysis Dewi Ningrum Purbasari; Raihan Nafis Abrar; Muhammad Fauzi Rais
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.53834

This study examines whether Indonesia's Job Loss Insurance (JKP) and Old Age Security (JHT) programs have fulfilled the state's obligation to protect workers affected by mass layoffs from corporate bankruptcy, using the Sritex case as the primary reference. This study employs a normative juridical approach analyzing relevant legislation against the ICESCR, General Comment No. 19, and ILO Convention No. 102. The findings reveal four structural gaps: an eligibility gap, an adequacy gap, a legal uncertainty gap in JHT, and an insolvency gap due to the absence of a wage guarantee fund. These gaps demonstrate that Indonesia's social security framework remains insufficient to fulfill its constitutional and international obligations in cases of large-scale mass layoffs. Structural reform is needed to strengthen the state's role as the primary guarantor of workers' social rights.

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Home Page

OAI Link

Editorial Team

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Reviewer

Google Scholar

Contact Name -

Contact Email lrrq@mail.unnes.ac.id

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Journal Mail Official lrrq@mail.unnes.ac.id

Editorial Address Sekaran, Kec. Gn. Pati, Kota Semarang, Jawa Tengah 50229

Location Kota semarang, Jawa tengah INDONESIA

Abstract

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Contact Name
-

Contact Email
lrrq@mail.unnes.ac.id

Phone
-

Journal Mail Official
lrrq@mail.unnes.ac.id

Editorial Address
Sekaran, Kec. Gn. Pati, Kota Semarang, Jawa Tengah 50229

Location
Kota semarang,

Jawa tengah

INDONESIA