Jurnal Kajian Pembaruan Hukum
Jurnal Kajian Pembaruan Hukum publishes comparative, peer-reviewed scholarship on legal reform, with Indonesia and Southeast Asia as its analytical centre of gravity and the wider Global South as its comparative horizon. The journal examines how legal systems in postcolonial and developing jurisdictions reform themselves: how transplanted norms are adapted to local conditions, how the rule of law is contested and rebuilt, and how doctrine, institutions, and social practice interact in the process of change. It favours work that places Indonesian legal developments in dialogue with other jurisdictions and treats reform in the Global South as a serious site of legal theory, not merely as a case study for testing ideas formed elsewhere. The Editorial Board welcomes original research, comparative analysis, and theoretically grounded case studies across the following areas: 1. economic and commercial law reform, including competition and antitrust law, trade secrets, investment law, and labour protection; 2. law, technology, and digital governance, including blockchain and smart contracts, data regulation, artificial intelligence, e-commerce, and digital political participation; 3. constitutional law, democracy, and legislative reform, including constitutional morality, deliberative democracy, and the accountability of elected representatives; 4. environmental and natural-resource law, including environmental criminal liability and the regulation of emerging climate technologies; and 5. the adaptation and transplantation of legal norms, examining how imported frameworks are harmonised, resisted, or reshaped within domestic legal orders. The journal considers all methodological approaches, from doctrinal and theoretical to comparative and socio-legal. Preference is given to submissions that engage more than one jurisdiction, adopt cross-disciplinary perspectives, or contribute to scholarly debate beyond a single legal system.
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<![CDATA[Local Governments' Head Election in Indonesia: A Proposal for Asymmetric Model ]]>
<![CDATA[Ratih Listyana Chandra]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 3 No. 1 (2023): January-June 2023 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v3i1.31190
<![CDATA[Indonesia has experienced the dynamics of the law on the local governments' head elections. Various mechanisms have been implemented to obtain the ideal model for filling executive positions at the local level. Unfortunately, the government efforts have yet to deliver optimal results. The irregularity of the legal dynamics also eventually caused various Government instability to corruption, post-electoral conflicts, and the high number of disputes over the local election results to the Constitutional Court is evidence of the imperfection of the mechanism adopted by the government. Furthermore, the costs that must be allocated to organize an election are quite high, which is different from the local election results. Moreover, the long process with the tendency of forced candidates produced corrupt and incompetent leaders. Sharing partnerships between the head and deputy of the local government became another problem that is quite a concern in implementing local elections in Indonesia. Thus, this paper examines the ideal model of the head of local government elections in Indonesia. This research focuses on the dynamics of the legislation and regulation on the head of local government elections in Indonesia. The research method applied is normative juridical legal research. The data collection technique employed is the study of documents and literature on secondary data in the form of primary, secondary, and tertiary legal materials. As a result, this study concludes that the ideal model for filling the position of the local head in Indonesia is an asymmetrical– compromise.]]>
<![CDATA[Workers Layoffs Caused from the COVID-19 Pandemic in Indonesia and the European Union ]]>
<![CDATA[Sholahuddin Al-Fatih]]>;
<![CDATA[Asrul Ibrahim Nur]]>;
<![CDATA[Nilasari Nilasari]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 3 No. 1 (2023): January-June 2023 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v3i1.33378
<![CDATA[This article aims to find legal efforts of workers who layoffs caused by COVID-19 pandemic. Layoff in a company can occur when a company goes bankrupt until it cannot meet its employees' salaries. In addition, some others are not affected by layoffs but are laid off without getting a salary. That were a big problem to face new normal era, a daily life after pandemic. Using the normative legal research method, this paper aimed to explain and describe how COVID-19 affected a thousand workers around Indonesia and European Unian. Human rights, especially the rights of worker, use as a tool to analyze, how COVID-19 pandemic affected workers in Indonesia and European Union. As a result, this paper found that many people were laid off because of the COVID-19 pandemic; the government provides some facilities to help people who laid off during and after pandemic COVID-19, both in Indonesia and European Union perspective. Indonesia adopted some program, such as; a) Program for Family Hope; b) Food Donation Without Cash; c) Bantuan Sosial/Bansos; d) Village Funds; e) The Ministry of Social's social charity; f) Pre-Work Card (Kartu Prakerja); g) Donations made by the provincial government; h) Generosity from the city or regency administration; and i) The provincial government offers assistance to those who require housing. While, The EU has a constitution that guarantees that all citizens can work throughout the territory of the member states.]]>
<![CDATA[Legal Reforming of Smart Contract in Supply Chain Demands Process between Retailer and Consumer ]]>
<![CDATA[Muhammad Vicky Afris Suryono]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 3 No. 1 (2023): January-June 2023 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v3i1.33610
<![CDATA[The use of Smart-Contract has a potential to revolutionize aspects of global trade, given its practical characteristics with complex security systems. The novelty of Smart-Contracts also puts existing regulations to the test despite of legal vacuum. The purpose of this research is to analyze the novelty of this technology that has the potential to be misused, given its novelty which makes Smart-Contract lack comprehensive studies. This lack of study can also be seen in law and regulations that have not anticipated the existence of the Smart-Contract method. The risk of system failure is potentially detrimental in the long term by using of Smart-Contract in Indonesia, given the practicality of business transaction methods. This research uses normative legal research with a conceptual and statutory approach by identifying the potential legal risks of supply chain Smart-Contracts from the perspective of contract law. The results of this study explain that the potential risks of implementing Smart-Contract technology not only have an impact on financial aspects but also produce risks resulting from program failures or system errors. This system failure has the potential to be misused and endanger the interests of the parties involved in it. Indonesian legislation in electronic transactions has not specifically regulated the risk of failure or error in the smart contract system. The suggestion in this research is that stakeholders classify Smart-Contract into Indonesian legal rules so that business actors can have steps in mitigating risks arising from the use of Smart-Contract in the supply chain process.]]>
<![CDATA[Regulating Doxing and Personal Data Dissemination in Indonesia ]]>
<![CDATA[Halif Halif]]>;
<![CDATA[Ainul Azizah]]>;
<![CDATA[Prisma Diyah Ratrini]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 3 No. 1 (2023): January-June 2023 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v3i1.33938
<![CDATA[The development of information technology have an impact on cyber crimes such as identity theft, fraud, and misuse of personal data. One of the crimes, abuse of personal data is doxing. It was an illegal act to spreading action people's personal information or data without permission and creates dangerous situations, humiliation, harassment, or other adverse which can lead to spoilage of the victims. The act of doxing or disseminating personal data has recently increased, especially among journalists. Doxing is a transmission system of personal data conducted by journalists legally. The freedom of journalists who compose and develop news to encourage misuse of personal data. In this case, we are interested in studying the legal basis of doxing and personal data dissemination in Indonesia, with the objectives: first, does the regulation of distributing personal data (doxing) in the Electronic Information and Transaction Law encounter the doxing typology? second How is the reformulation of the criminal law policy on the act of spreading personal data (doxing) in fulfilling the doxing typology? This research adopted normative legal research and used a statutory approach, conceptual approach, and comparative approach. The results showed that the act of doxing in the ITE Law does not regulate it according to the doxing typology. Therefore, there is a need to reform criminal law policies in the ITE. It can also be through the Bill of Personal Data Protection. The government must compose a regulation on disseminating personal data or doxing in the Law concerning Electronic Information and transactions.]]>
<![CDATA[Juridical Review of Blue Economy in Indonesia ]]>
<![CDATA[Muhammad Na'afil Kamal Putra]]>;
<![CDATA[Muhammad Farhan Asri]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 3 No. 1 (2023): January-June 2023 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v3i1.37211
<![CDATA[The impact of the Covid-19 pandemic disaster has affected the economy in Indonesia. In the framework of economic recovery and transformation after the Covid-19 pandemic, Blue Economy is referred to as a new approach and a new source of economic growth that is more inclusive and sustainable, considering that Indonesia is an archipelagic country with 62% of its total area being sea. This study examines the concept of the Blue Economy from a legal perspective on the management and utilization of marine resources and the protection of coastal areas in Indonesia. By using normative legal research methods, the approaches are used, a statute approach and a conceptual approach. The research results show that with the issuance of UU No. 11 Tahun 2020, there is a simplification of the licensing process in applying for permits for the management and utilization of coastal areas and revisions made to documents regarding management in coastal areas. Then protection in coastal areas is intended to protect ecosystems in the sea for sustainable development, especially with conservation. Until finally it was discovered that the concept of the Blue Economy is a necessity that will materialize as the 'spirit' of positive law in Indonesia, especially in the management, utilization and protection arrangements in Indonesia's coastal areas.]]>
