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[The Trajectory of Democracy in Sri Lanka from the Restriction of the Freedom of Expression during the COVID-19 Pandemic ]]>
<![CDATA[Anggi Prasetyo]]>;
<![CDATA[Evoryo Carel Prabhata]]>
<![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.v2i2.31193
<![CDATA[COVID-19 pandemic has heavily influenced the legal conduct of a state, especially Sri Lanka. This country is one of the so-called democratic states shown to abuse law conduct under the backdrop of emergency measures, so many people have been detained due to newly enacted policies. Since the beginning of this pandemic, various criticism of pandemic management has addressed the state-triggered government overreaches such as arrestable offenses and internet censorship in the name of public order. This research aims to analyze whether the government's responses to opinions, critics, or any media format that embodies a form of speech are justified as an emergency measure against COVID-19. Then, this paper analyzes further its implication for freedom of speech. In addition, this research aims to challenge the government's measurement of the limitation of freedom of expression in social media. This research analyzes the government's response to securing fundamental rights during emergency regulations. In addition, the Sri Lankan legal framework of previous judicial precedent and state conduct towards the issue will be further analyzed. In addition, various rules from the authoritarian and democratic states compared further understand the framework on freedom of expression. This study showed a declining democratic value in Sri Lanka. Different legal conducts indicated that the Sri Lankan government does not comply with the rule of law and the fundamental rights of its citizen. This study emphasizes the need for immediate legal reform, especially in various mishandled cases. State oppression of freedom of expression harms the public order and threatens state stability.]]>
<![CDATA[The Pathway of Adopting Omnibus Law in Indonesia's Legislation: Challenges and Opportunities in Legal Reform ]]>
<![CDATA[Sulistina Sulistina]]>;
<![CDATA[Bayu Dwi Anggono]]>;
<![CDATA[Al Khanif]]>;
<![CDATA[Tran Ngoc Dinh]]>
<![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.v2i2.31524
<![CDATA[The omnibus law model has become a new method of legislative drafting in Indonesia, first applied to the Job Creation Law and later enacted as Law 11/2020. While there were no implicit guidelines in Legislative Drafting Law 12/2011, this adoption was imported from several countries like the United States and Ireland to simplify regulations before the method was subsequently formalized and included in Legislative Drafting Law 13/2022. This paper explored the pathway and dynamics of the omnibus law adoption in Indonesia's law-making procedure and analyzed its further impacts on whether such a method has fruitfully improved the quality of the enacted regulation in establishing a more friendly investment policy. Through doctrinal method, this study showed that the opportunity to apply the omnibus model in Indonesia depends on the effectiveness, success, and benefits of respective regulations. In contrast, the application of the omnibus law model should respect democratic principles and avoid public harm. As shown in three different countries, i.e., Indonesia, the United States, and Canada, public concerns on lack of participation should be taken seriously to hinder undemocratic ends through "democratic" means. Alternatively, accountability of the drafting process should be considered a priority. In summary, the increasing trend of adopting the omnibus model should be first adopted and promulgated through legislative products whose promulgation must be with a formidable law-making procedure.]]>
<![CDATA[Corporal Punishment in Educational Context: Criminal Law Regulatory Framework ]]>
<![CDATA[Godeliva Ayudyana Suyudi]]>;
<![CDATA[Fanny Tanuwijaya]]>;
<![CDATA[I Gede Widhiana Suarda]]>;
<![CDATA[Glenn Wijaya]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 3 No. 2 (2023): July-December 2023 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v3i2.32630
<![CDATA[Teachers may impose sanctions or Corporal Punishment on students for educational purposes. In several cases, the Corporal Punishment action taken by the teacher resulted in the imposition of criminal sanctions on the teacher. This paper describes the perspective of criminal law settlement in Corporal Punishment cases. This paper uses the normative juridical research method, which examines the application of positive legal norms. Hence, this paper interprets the corresponding law in the means of textually. Furthermore, researchers use a conceptual framework to illustrate a teacher’s professional duties and Corporal Punishment. Finally, this research uses qualitative descriptive analysis supported by a case approach. This research found that applying life skill-based and contextual learning methods may prevent the aftermath of teachers’ Corporal Punishment. Teachers, carrying out their professional duties, may avoid criminal charges for Corporal Punishment if these actions do not exceed reasonable limits, which result in student losses, both physically and psychologically. The functionalization of criminal law may be prevented using ultimum remedium in resolving Corporal Punishment cases. This may occur in settlement through restorative justice, which involves various parties in the educational process. Alternatively, criminal law settlement may be used in Corporal Punishment cases. Judges may apply the concept of individualized punishment in imposing sanctions on teachers who are proven guilty of Corporal Punishment. Finally, this paper recommends a psychological intervention to assess educators’ mental capacity. This may take form through periodic assessments to determine the competence of teachers as educators.]]>
<![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.]]>
<![CDATA[Artificial Intelligence and the Constitutional Court: A Newpath of Making Independent Decisions? ]]>
<![CDATA[Vicko Taniady]]>;
<![CDATA[Steven Theonald Siahaan]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 3 No. 2 (2023): July-December 2023 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v3i2.41726
<![CDATA[The Constitutional Court is facing problems because many decisions are not in favor of the community and are not independent. The constitutional judges are sometimes not independent, as in cases of corruption, and there are indications of a change in the substance of the decision. This study aims to analyze how the procedures for constitutional judges make decisions, and then the authors relate it to the urgency of implementing AI in helping judges make decisions. The research method used is doctrinal and socio-legal. This research uses literature study techniques to obtain secondary data. The study results show that constitutional judges' existence is essential in maintaining the rule of law and democracy in Indonesia today. So, to face the problems today, AI is needed. AI is expected to assist constitutional judges in making decisions, document review, and predictive analysis. The application of AI has been carried out by many countries, which have succeeded in helping judges make decisions. However, several challenges must be prepared, such as the need for regular AI inspections, supervision of the use of AI by the Constitutional Court Honorary Council and the independent Constitutional Court technicians, and the need for a legal umbrella for the application of AI within the Constitutional Court.]]>
<![CDATA[The Role of Regional General Election Commission to Prevent Null Vote: Challenges and Opportunities ]]>
<![CDATA[Basuki Kurniawan]]>;
<![CDATA[Jati Nugroho]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 3 No. 2 (2023): July-December 2023 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v3i2.42103
<![CDATA[Every five years, the Indonesian state conducts General Elections, including the Presidential Election or General Election for the President and Vice President. The occurrence of General Elections is closely linked to the phenomenon of Abstention. In the 2019 Presidential Election in Sidoarjo Regency, the Abstention rate was recorded at 18.12%. One contributing factor to Abstention is individuals adhering to a pragmatic typology; they prioritize personal gains from candidate pairs rather than considering their vision and mission. Regional general elections play a crucial role in reducing Abstention rates by actively engaging all levels of society and emphasizing the significance of participating in General Elections. Empirical juridical research reveals that the prevalent cause of abstaining is a pragmatic mindset, where voters lack awareness of their choices. The absence of sanctions in Law Number 7 of 2017 Concerning General Elections makes abstaining an easily committed act. The Sidoarjo Regency KPU's efforts to diminish Abstention figures are guided by KPU Regulation Number 10 of 2018, focusing on socialization, voter education, and encouraging societal participation in General Elections. The study emphasizes the need for public awareness regarding the importance of elections, discouraging Abstentions, and advocating for accessible TPS locations through KPU initiatives, ensuring convenience for voters when casting their ballots.]]>
<![CDATA[Strengthening Customary Forest Rights for Indigenous People in Indonesia Green Constitution Framework ]]>
<![CDATA[Xavier Nugraha]]>;
<![CDATA[Angelica Milano Aryani Wibisono]]>;
<![CDATA[Alissa Angelia]]>;
<![CDATA[Bryan Owen S.]]>;
<![CDATA[Putri Riska Answendy]]>
<![CDATA[ Jurnal Kajian Pembaruan Hukum Vol. 3 No. 2 (2023): July-December 2023 ]]>
Publisher : <![CDATA[University of Jember, Indonesia ]]>
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DOI: 10.19184/jkph.v3i2.43367
<![CDATA[The ongoing struggle of indigenous people fighting for their rights to preserve the customary forests underscores the critical need to protect both cultural heritage and environment. This research focuses on implementing the Green Constitution in Indonesia, aiming to strengthen the existence of indigenous peoples and their customary rights to customary forests. However, there are significant problems with Article 33(3) of the 1945 Constitution which emphasizes the welfare of the people through the exploitation of natural resources, often neglecting aspects of environmental conservation and contradicting Indonesia's commitment to the Sustainable Development Goals (SDGs). As a result, the Indonesian Constitution has an anthropocentric orientation that prioritizes environmental preservation for human interests rather than fully reflecting the Green Constitution principles that emphasize environmental sustainability in line with human needs. The research used in this study is juridical-normative approach to analyze the law and relevant regulation regarding the issue at hand to identify possible solution towards the existing legal issues. This research identifies two main problems: first, to what extent the 1945 Constitution reflects the principles of the Green Constitution, and second, how efforts to strengthen the rights of indigenous peoples to customary forests reflect the Green Constitution. The results show that the 1945 Constitution has not fully adopted the principles of the Green Constitution, therefore measures are needed to strengthen the rights of indigenous peoples related to customary forests, including the elimination of conditional recognition through judicial interpretation of Article 18B paragraph (2) of the 1945 Constitution, to secure environmental conservation democratically and sustainably.]]>
