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.
Articles
56 Documents
<![CDATA[Mengoptimalkan Peran Lembaga Perfilman Indonesia: Analisis Aspek Hak Cipta terhadap Praktik Siaran Video Ilegal ]]>
<![CDATA[Relys Sandi Ariani]]>;
<![CDATA[Luna Dezeana Ticoalu]]>;
<![CDATA[Herlin Sri Wahyuni]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 1 No. 2 (2021): July-December 2021 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v1i2.24475
<![CDATA[The film is part of the intellectual property rights attached to the creator. Nowadays, it is commonly agreed that violation of intellectual property rights portrays in film piracy for personal gain is inevitable, with illegal streaming services. This study aimed to examine film protection, conduct a study of film institutions, and find concepts to protect films in Indonesia. The study used a juridical method with the statute and conceptual approaches. In so doing, it used secondary data processed using library research techniques. The study showed that illegal movie streaming rampant in Indonesia practiced illegal streaming movies. It violated the intellectual property rights inherent in the creator, resulting in enormous losses for the creators. There are further problems in the laws and regulations, and the government must accommodate preventive actions. This study suggested three components: correctional, supervision, and copyright protection against illegal movie streaming in Indonesia; and these components were to maximize the role of stakeholders. KEYWORDS: Illegal Streaming Movies, Indonesian Film Institute, Intellectual Property Rights and Copyrights]]>
<![CDATA[Realisme Hukum: Peradilan Adat dalam Perspektif Keadilan Sosial ]]>
<![CDATA[Dominikus Rato]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 1 No. 2 (2021): July-December 2021 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v1i2.24998
<![CDATA[Aspects of positivism with its normative approach are often taught in various law schools as a single perspective. The study of law can be based on legal realism. Nevertheless, there is still a debate about legal realism's working pattern and contribution to juridical science. This study that introduced legal realism worked with socio-legal method based on the literature review. It aimed to elaborate on the concept of legal-realism as an epistemology of the socio-legal school, which leads to the conception of customary law and legal anthropology. With a naturalistic approach and supported by theories of customary law and legal anthropology. This study showed that legal realism as a school in philosophy and juridical studies based on empirical studies need to be developed. It referred to legal realism conceptualized in Scandinavia and America that was suitable to Indonesia's legal context, especially customary law as the law that lives in society. Therefore, the law that lives in society is strengthened through verdict and law enforcement officers as symbols of the state. It suggested that legal realism is also taught in law schools at universities, so that legal academics have diverse points of view, both in the legal discipline and as a research method. KEYWORDS: Customary Law, Socio-Legal, Social Justice, Legal Realism.]]>
<![CDATA[Bajo Tribal Marine Customary Rights Supervision: A Reform with Archipelagic Characteristics ]]>
<![CDATA[Dicky Eko Prasetio]]>;
<![CDATA[Irfa Ronaboyd]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 2 No. 2 (2022): July-December 2022 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v2i2.25255
<![CDATA[There are provinces in Indonesia considered “archipelagic†and “non-archipelagic.†One criterion is to determine whether a province has an ocean wider than the land, with the so-called matter of geography. The issue raised here is a condition where an archipelagic custom exists in a non-archipelagic province. Such a gap between geographical concern and customary characteristics brings at least two consequences. First, a non-archipelagic province has been set out in the international customary law of the sea, including the 1982 UNCLOS on Traditional Fisheries Rights and the law on the Management of Coastal Islands and Small Islands. Second is the problem of recognizing a unique coastal-oceanic socio-culture in that province. This study was motivated to bridge the two, i.e., the legal and socio-cultural case of the Bajo Tribe in Gorontalo Province. Bajo is a tribe with an archipelagic socio-cultural tradition, while Gorontalo is categorized as a non-archipelagic province. So far, there is no clear legal framework on how the national and international laws captured the existing tradition, custom, and wisdom, as shown in Bajo’s. In this regard, a normative legal method was used by collecting and analyzing how national and international instruments answered the call from the Bajo Community. This study found that, at the core, the main issue was the gap of recognition between geography and socio-cultural perspectives in policy-making. This study also found that the Bajo has experienced a limbo due to the no clear policy on how the existence of their community is accommodated. Finally, this research suggested that an archipelagic tradition such as Bajo’s should be recognized in the non-archipelagic province’s policy to construct a bridge connecting geography and socio-cultural tradition.]]>
<![CDATA[Kriminalisasi dalam Tindak Pidana terhadap Penetapan Hasil Pemilihan Umum ]]>
<![CDATA[Dwiki Oktobrian]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 2 No. 1 (2022): January-June 2022 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v2i1.26674
<![CDATA[ABSTRACT: The stages of determining election results have important characteristics; because it determines the party who wins the election and, at the same time, proves the legality and legitimacy of holding the election. Nevertheless, there are various problems regarding the formulation of policies in criminal acts related to the determination of election results. This research on the formulation of criminal acts associated with election results is normative research with a statutory approach, a conceptual approach, and a comparative approach. This legal research aims to discuss the formulation of the crime of 'late setting election results' and 'not determining election results; while at the same time reviewing future projections by formulating an ideal formulation regarding the formulation of the criminal act of determining election results. The results of the study state that the formulation of criminalization policies in illegal acts related to the determination of election results is regulated to meet various legal problems, including the dimensions of action, the dimensions of criminal responsibility, and the dimensions of criminal sanctions. Then, by taking references from Canada and Kenya, the projections of the formulation are prepared by specifying two objects of action, namely the act of not determining the election results and the act of being late in determining the election results as a crime. Completing the formulation was followed by a complete determination of the subject of a criminal offense accompanied by intentional errors and the formulation of flexibility-based sanctions oriented to avoiding sentencing disparities. KEYWORDS: Criminalization, Criminal Act, Determination of General Election Result]]>
<![CDATA[The Implementation of the Juvenile Justice System in Terrorism: Indonesia Case ]]>
<![CDATA[Rd. Yudi Anton Rikmadani]]>;
<![CDATA[Puguh Aji Hari Setiawan]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 2 No. 1 (2022): January-June 2022 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v2i1.27642
<![CDATA[ABSTRACT: This research aims to review the right to child protection as well as the implementation of the Juvenile Criminal Justice System (SPPA) based on court rulings. Behind the research is concern about the increasing number of children involved in terrorist networks in Indonesia. Some of them have been sentenced to prison for terrorism plots. The implementation of the SPPA Act and the PA Act has become a reference for law enforcement in addition to counter-terrorism legislation. The crime of terrorism is a crime that must be addressed immediately because it threatens the state, but the state remains obliged to ensure the fulfillment of the right to child protection during the judicial process with special protection. With the involvement of a child that is in relevance to the child protection act, it is a complex matter that needs to be resolved with a special analysis of law, due to its nature. This study examines court rulings with normative juridical methods to get significantly achieved results. In addition, this study also adds secondary resources such as article journals, books, reports, and any source that has relevance to the study. The results of the study found that the special protection of children in the Crime of Terrorism has not been met, by not considering the child as a victim, because of the actions he did the influence of persuasion as revealed in court. In addition, law enforcement does not seek diversion as mandated in the SPPA. To conclude the court's decision does not consider the regulations on PA and has not fully implemented the SPPA. KEYWORDS: Legislation on Terrorism, Children's Rights, Law Enforcement, Juvenile Justice.]]>
<![CDATA[Rejuvenasi Peraturan Pengelolaan Prekursor: Ratio Legis dan Efektivitas ]]>
<![CDATA[Tahegga Primananda Alfath]]>;
<![CDATA[Kristy Anita]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 2 No. 1 (2022): January-June 2022 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v2i1.27823
<![CDATA[This legal research aims to examine the legal aspect ratio of legal instruments relating to pharmaceutical precursors as they relate to rejuvenation efforts; while at the same time reviewing based on the perspective of legal effectiveness on the regulation of pharmaceutical precursors. The results of this study state that the ratio of precursors to legislative regulation can be seen from three approaches, namely philosophical, juridical, and sociological. On the philosophical aspect, the 1945 Constitution provides an obligation to the government to provide welfare for matters related to health, the use of pharmaceutical precursors by the public. Then, from a juridical aspect, there are various legal products related to the management and utilization of pharmaceutical precursors; as the legal instruments are interrelated with each other. Sociologically, the illegal production and use of psychotropic substances through precursors will disrupt the economy, security and public health. However, the regulation on precursors has not been implemented in terms of structure, substance, effectiveness or culture; Thus, there are still many deviations in the management of precursors in the community. KEYWORDS: Rejuvenation, Pharmaceutical Precursors, Law Effectiveness]]>
<![CDATA[Kewenangan Inheren Mahkamah Konstitusi terhadap Perkara Pengaduan Konstitutional dengan Objek Putusan Pengadilan ]]>
<![CDATA[Bagas Christofel Aruan]]>;
<![CDATA[Umbu Rauta]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 2 No. 1 (2022): January-June 2022 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v2i1.27828
<![CDATA[The authority of the Constitutional Court is often limited only to the judicial review of statutory products, not practice. The method used for this research is normative legal research using a conceptual approach, legislation, and comparisons. This legal research aims to examine the implementation of constitutional complaint schemes in various countries while reviewing the inherent authority of the Constitutional Court in reviewing constitutional complaint cases with the object of court decisions. The results show that the Constitutional Court of the Republic of Korea has many similarities with the Constitutional Court of the Republic of Indonesia; at the same time, the German Constitutional Court gives rights to individuals, communions, and associations to file a constitutional complaint and the United States Supreme Court establishes several criteria for legal standing for parties who make constitutional complaints. Then, the Constitutional Court has the authority to decide on constitutional objections, including court decisions, considering the court's decision is analogous to the law itself. Furthermore, based on constitutionalism, the constitutional complaint is the inherent authority of the Constitutional Court. KEYWORDS: Constitutional Court, Constitutional Complaint, Court Rulings, Inherent Power.]]>
<![CDATA[Keberadaan Dewan Pengawas Komisi Pemberantasan Korupsi Pasca Revisi UU KPK ]]>
<![CDATA[Muhammad Syahrum]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 2 No. 1 (2022): January-June 2022 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v2i1.27842
<![CDATA[ABSTRACT: Post-Suharto era has encouraged Indonesia to give birth to various new institutions, including the existence of the Corruption Eradication Commission (KPK). Over time, various elements that support the improvement of the performance of the KPK are formed through new norms contained in laws and regulations, including the existence of the KPK Supervisory Board (Dewas KPK). This study aims to examine and analyze the duties, authorities, and urgency of the KPK Council; while at the same time examining the potential of the KPK Council as an 'inhibitory' factor in eradicating corruption. This legal research uses a conceptual approach and legislation based on primary legal materials and secondary legal materials. The results of the study stated that although the existence of the KPK Council has the same duties as the judiciary, it actually encounters problems; because, the existing provisions give rise to inconsistencies regarding the position of the KPK Council. On the other hand, the urgency of the establishment of the KPK Council is one of the efforts to strengthen the supervision aspect of the KPK's performance in order to be able to avoid various risks of abuse of power. Furthermore, there are three factors that have the potential to become "inhibitory" factors in eradicating corruption after the existence of the KPK Council, including the obligation to wait for permits regarding the conduct of wiretapping, searches and confiscations; there is potential vulnerability to political intervention; the potential for slack in the performance of the KPK itself. KEYWORDS: Corruption Eradication Commission, Supervisory Board, Law Number 19 of 2019.]]>
<![CDATA[Fake News in the Time of COVID-19 in Indonesia: Criminal Law Issues ]]>
<![CDATA[Windisen Windisen]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 2 No. 2 (2022): July-December 2022 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v2i2.31184
<![CDATA[The rise of the world wide web has its janus face. While it is no longer possible to live without it, the internet also causes social issues. One will be examined here is how law can cope with the acceleration amount of fake news. The spread of fake news via the Internet in Indonesia during the COVID-19 pandemic has increasingly resulted in criminalization. One enforcement policy is based on Article 28(1) of Electronic Information and Technology Law 11/2008. The article focused on measuring fake news in light of economic loss, which to some degree, also affected fair business competition. This study was conducted based on two primary considerations. First, the nature of criminal law should be used as the last resort (ultimum remedium) in tackling social issues. Second, and still related to the previous, the damage control of the spread of fake news. In that regard, a doctrinal legal approach was deployed to analyze the formulation and implementation of Article 28(1) of the 11/2008 Law in tackling the fake news phenomenon. This study found that there are ambiguities in interpretation, which affect the law's implementation. To cope with such a problem, the government consists of the Ministry of Communication and Information Technology, Chief of Public Prosecutor, and Chief of State Police enact Joint Decree to provide the guidelines on the application of Article 28(1); the policy should be considered as temporary instead of a permanent solution. This study suggested that in the long run, there is a need to amend Article 28(1).]]>
<![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.]]>
