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Y. A. Triana Ohoiwutun
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INDONESIA
Jurnal Kajian Pembaruan Hukum
Published by Universitas Jember
ISSN : 27769828     EISSN : 27769828     DOI : https://10.19184/jkph
Core Subject :
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.
Arjuna Subject : -
Articles 56 Documents
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The Reformulation of Government Regulations in Lieu of Law: Constitutional Court's Decision Perspective Habib Al Huda; I Made Halmadiningrat; Gio Arjuna Putra; Anak Agung Arumi Jayanti Kusumasari
Jurnal Kajian Pembaruan Hukum Vol. 3 No. 2 (2023): July-December 2023
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v3i2.43422

Abstract

The President's issuance of Regulations in Lieu of Law No 1 of 2022 regarding the Job Creation represents a deliberate endeavor to operationalize and further refine the previously ratified Job Creation Law. The objective of this research is to provide a lucid comprehension of the formulation of the Regulations in Lieu of Law that adheres to the Constitutional Court's directives. This paper employs normative legal research methodologies, incorporating conceptual, historical, statutory, and jurisprudential analyses to scrutinize extant legal quandaries concerning the urgency and constitutionality of Regulations in Lieu of Law No 1 of 2022 regarding the Job Creation. Furthermore, the research yields the proposition that the promulgation of Government Regulation in Lieu of Law No. 1 of 2022 on Job Creation, vis-à-vis Constitutional Court Decision No. 91/PUU-XVIII/2020, may be regarded as a departure from the constitutional imperatives articulated in Constitutional Court Decision No. 91/PUU-XVIII/2020. Furthermore, concerning the reformulation of provisions governing the issuance of a Regulation in Lieu of Law by the President within the national legislative framework, a predicated state of emergency is a requisite antecedent. The President is obligated to communicate this state of emergency to the Indonesian People's Consultative Assembly and the public before promulgating the Regulation in Lieu of Law.
Is Indonesia Ready to be the Party of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership? Putu George Matthew Simbolon; Erik Mangajaya Simatupang
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 1 (2024): January-June 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i1.45699

Abstract

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership has been highlighted by Indonesia due to its enhanced rule-based nature. However, the anti-corruption issues and the environmental issues have triggered questions on whether Indonesia is clean or healthy enough to be the party to this agreement. This article aims to understand Indonesia's readiness to be a party to this agreement. It implements the doctrinal method by implementing the related rules of international law related to treaty suspension, anti-corruption, and environmental issues in Indonesia. The implementation of such a method is also supported by the treaty approach, conceptual approach, and case approach. From the first discussion, it can be understood that treaty suspension is a regime constituted under the Vienna Convention on the Law of Treaties, and the CP-TPP’s Suspension has no specific deadline. The second discussion expresses that since Indonesia has not brought its anti-corruption rules in conformity with the United Nations Convention Against Corruption, the accession of CP-TPP may bring threats to Indonesia. This threat is caused by the CP-TPP dispute settlement mechanism's competence to settle disputes on anti-corruption issues. Lastly, the third discussion of this article states that the current Indonesian environmental law norms may be perceived as a potential threat to its national interests. Such a threat will arise if the current parties to the CP-TPP eventually decide not to suspend Article 20.17 concerning Conservation and Trade.
Ratio Legis of Bankruptcy and Suspension of Debt Payment Obligations to Fulfil Creditors' Rights Meha Middlyne Simbolon; Yosef Felix Sitorus
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 1 (2024): January-June 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i1.46303

Abstract

Law No. 37 of 2004 concerning Bankruptcy and PKPU was established to address the debtor's obligations amidst financial incapacity. However, Law No. 37 of 2004 is invoked as the underlying basis by corporations seeking to absolve themselves from debt obligations. The objective is to understand corporate rescue, the principles of commercial exit from financial distress, and their connection to the fulfilment of creditor rights in the PKPU or Bankruptcy processes under Law No. 37 of 2004. The research methodology is empirical juridical, with the primary data as the main source, supplemented by secondary data through observations and interviews, with qualitative analysis and inductive conclusions. The research findings indicate that the simplified evidentiary outlined in Law No. 37 of 2004 is inappropriately invoked as the legal basis for Debtors is financially solvable and viable. Consequently, this leads to creditors losing. Moreover, Law No. 37 of 2004 is considered irrelevant; the emphasis should shift towards the concept of corporate rescue as a principle for business continuity. This approach aligns with practices in developed countries within the EU, as outlined in Chapter 11 of the United States Bankruptcy Code, to be used as a parameter to revise Law No. 37 of 2004.
Regulatory Approaches to NFT in Indonesia: Considering the Implementation of the French Droit De Suite System? Rifki Yustisio; Abdullah Widy Asshidiq
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 1 (2024): January-June 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i1.46465

Abstract

The development of Non-Fungible Tokens (NFT) has significantly impacted global economic trade. However, in Indonesia, the regulation surrounding NFT remains insufficient, particularly concerning law enforcement and equitable royalty distribution for commercialized artistic works. This research adopts a normative juridical approach, employing statutory, comparative, and conceptual analysis methods. Findings indicate that NFT, as three-dimensional artistic creations, fall under the protection of the Copyright Act. While Indonesia has addressed NFT regulation in various laws and government regulations, detailed provisions regarding digital transactions involving three-dimensional artworks are lacking. Moreover, inadequate legal safeguards for NFT sales underscore the pressing need for legal reform. Therefore, the adoption of Droit De Suite through legal transplantation is proposed as a prudent strategy for legal modification, offering numerous normative and operational benefits. Droit De Suite is a principle born from the Berne Convention, where the requirement to apply Droit De Suite is that the state must give permission or legally recognize that the state has been regulated in its legislation. In addition, Droit De Suite is the right given to the artist or creator and his heirs to resell copyrighted works that have been produced previously, so that the creator's heirs are entitled to a share of the resale of a work. This approach holds promise for enhancing the legal framework surrounding NFTs and promoting fair treatment of artists and stakeholders in Indonesia's digital economy landscape.
Integrating Reproductive Justice Approaches in the Human Rights Framework: A Comparative Analysis of the U.S.A., India, and Indonesia Neha Tripathi; Anubhav Kumar
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 1 (2024): January-June 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i1.46509

Abstract

Sexual health and reproductive rights have become instrumental in defining the constitutional horizons and constitutionalism thereof of a country. In this context, Roe v. Wade emerged as an authority on the issue of abortion, bodily integrity, and sexual health which traveled in various jurisdictions. The paper purports to explore the underlying complexities and challenges in asserting reproductive rights by undertaking a comparative study of the constitutional and legal framework in the U.S.A., India, and Indonesia. The research work carried out is socio-legal, the social realities to elaborate social phenomena about existing legal facts, and the author assessed and analyzed the status of reproductive rights in the U.S.A, India, and Indonesia through a comprehensive analysis of case laws decided by constitutional courts of these countries. The global debate on women's reproductive rights, championed by feminists, emphasizes the urgent need to eradicate gender stereotypes for true equality. Despite progress, many countries still face challenges due to religious, cultural, and socio-economic biases. Access to contraceptives, abortion rights, and information remains limited. Promoting equal parenting and raising awareness are crucial. Legal mechanisms, like Roe v. Wade, have advanced reproductive rights, but regressive rulings like Dobbs pose threats. The demands of diverse communities, including same-sex couples, require revisiting legal frameworks. Constitutionalizing these rights and allocating funds for awareness and healthcare are vital steps. Governments must address child marriage and provide inclusive sex education, prioritizing reproductive health as a fundamental human right.
Legislative and Judicial Dynamics of Setting the Quota for Women's Representation in Parliament in the 2024 General Elections I Komang Adi Muliana
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 1 (2024): January-June 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i1.46691

Abstract

The policy choice of regulating women's quota by the General Election Commission through PKPU Number 10 of 2023 (PKPU 10/2023) has caused debate among democracy observers, especially those who care about women's representation in parliament. This study aims to analyze the compatibility of PKPU Number 10 of 2023 with the Election Law and analyze the Supreme Court Decision Number 24 P/HUM/2023 regarding the material testing of Article 8 paragraph (2) PKPU 10/2023. The method used in the study is normative research with a statutory approach and a case approach. The results of this study show that there are differences between the quota for women's representation in PKPU 10/2023 and the Election Law. When viewed in terms of its formation, PKPU 10/2023 was made with the choice of authoritarian political configuration and is characterized as a conservative legal product. The results also justify the first discussion through the annulment of the provisions of Article 8 paragraph (2) PKPU 10/2023 through the Supreme Court Decision Number 24 P/HUM/2023. The conclusion of this study shows the incompatibility of women's quota arrangements regulated by the KPU, but this has been corrected through the Supreme Court's decision. The results of this study are also a contribution of thought for policymakers to always harmonize regulations in every legislative process.
Dilemma of Legal Transplantation in CCS Regulations: Between Harmonization and Adaptation to Local Context Wahyu Fahmi Rizaldy; Elbouche Chems Sadjda Lilleh
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 2 (2024): July-December
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i2.51726

Abstract

Climate change necessitates innovative solutions like Carbon Capture and Storage (CCS) to reduce CO2 emissions. CCS involves capturing and storing CO2 in underground geological formations. Implementing CCS in Indonesia requires a comprehensive regulatory framework addressing technical standards, permits, monitoring, and financing, while also considering environmental and social risks. This research analyzes the dilemma of "legal transplantation" in Indonesian CCS regulations, balancing harmonization with international standards and adaptation to local contexts. Legal transplantation involves adopting legal rules from one jurisdiction to another. In this context, it might involve incorporating international best practices into Indonesian law. This raises questions about reconciling foreign legal elements with existing Indonesian legal frameworks and the country's unique context. This research employs normative legal methods with a qualitative approach. Data was gathered through literature reviews, comparative analysis, case studies, and comprehensive interviews. This study examines the impact of legal transplantation on developing CCS regulations in Indonesia, analyzing the challenges and opportunities in adapting regulations from other countries. It explores achieving a balance between global harmonization and local adaptation. Utilizing normative legal research methods with a qualitative approach, this research aims to contribute to developing effective and sustainable CCS regulations in Indonesia. With a suitable regulatory framework, CCS can be a crucial tool in mitigating climate change.
Web-Based Citizen Contribution: An Model to Optimize Political Participation in the Legislation Function of the Representative Council Muhamad Pelengkahu; Najib Satria
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 2 (2024): July-December
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i2.51889

Abstract

At present, legal products do not reflect public justice; rather, they serve the interests and triumph of political groups or elites that are technical, insubstantial, and short-term. This, of course, significantly interferes with the operation of the government system, which in turn disrupts the stability of society, particularly in terms of legal certainty. The objective of this research is to evaluate and develop a political participation scheme that can effectively engage the community at the grassroots level in the legislative function of the People's Representative Council. In terms of methodology, this research is normative legal research, which is evaluative in nature. Qualitative analysis techniques are employed to analyze secondary data. This reasearch indicate that the laws enacted by the People's Representative Council thus far have not been aspirational. This implies that they have not been able to take into account and implement the aspirations of all societal segments, resulting in their implementation being at odds with the community's desire. Consequently, we suggest the implementation of a web-based system for information, aspirations, and voting, which we refer to as WASIT. The utilization of website media is due to the fact that the internet is a daily necessity for the Indonesian populace. The KOMINFO and DUKCAPIL community have appointed an NGO that is specifically dedicated to legislative supervision to establish this system. NGOs are assigned the responsibility of developing a website with the assistance of KOMINFO. The Directorate General of DUKCAPIL will collect community data by logging in with the Citizen Identity Number.
Prenuptial Agreement Between Indonesia and South Korea Regulations Abiyyah Indi Asmarani; Trinas Dewi Hariyana; Moch. Wachid Hasyim; Muhammad Ayman Al-Akiti
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 2 (2024): July-December
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i2.52092

Abstract

This study examines the legal frameworks governing prenuptial agreements in Indonesia and South Korea, offering a comparative analysis between a developing and a developed nation in Asia. It explores cultural and societal attitudes that shape perceptions of such agreements in both jurisdictions. In South Korea, prenuptial agreements are also widely used. However, South Korea has one of the world’s lowest fertility rates, partly due to a declining interest in marriage. The research aims to evaluate regulatory frameworks, their impact on property arrangements, and the key similarities and differences in legal applications. Adopting study analyzes statutory laws, court decisions, expert opinions, and relevant literature. The comparative analysis highlights how both civil law systems address prenuptial agreements, focusing on property rights, joint assets, and marital obligations. Findings reveal that Indonesian regulations emphasize strict formality and limited scope, mainly addressing property, while South Korea permits broader flexibility and judicial discretion, including spousal support and child custody. The study concludes that while prenuptial agreements are legally binding in both countries, enforcement and societal acceptance differ significantly. It recommends harmonizing legal frameworks to ensure fairness and adaptability, especially in cross-national marriages. Indonesia could adopt South Korea’s flexible enforcement practices, while South Korea might benefit from stricter formal requirements for consistency. Such reforms could enhance the effectiveness of prenuptial agreements as tools for legal clarity and marital stability.
Constituent Recall Arrangements of the People's Representative Board Reni Putri Anggraeni; Ahmad Alveyn Sulthony Ananda; Elliot Gross
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 2 (2024): July-December
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i2.52899

Abstract

The principle of popular sovereignty is fundamental in establishing a democratic legal state, primarily reflected in general elections that determine representatives in the People's Representative Council (DPR). However, this principle often loses its significance post-election, as citizens have little control over their elected representatives. This is evident in the DPR's Inter-Time Change (PAW) mechanism, which excludes public participation. This study emphasizes two main points: the urgent need to amend Article 22B of the 1945 Constitution and to develop a new DPR reconstruction model as part of legal reform. Employing normative legal research through statutory, comparative, and case approaches, the study analyzes secondary legal materials. The findings reveal that the nomenclature of Article 22B requires revision to facilitate greater public involvement in the DPR dissolution process. Currently, dissolution relies on political party leaders, leading members to prioritize party interests over public aspirations, which can create conflicts. The article's language should be amended to allow for public dismissal of DPR members through a clearly defined legal mechanism. Additionally, the study suggests that the PAW process in Indonesia could draw inspiration from the Philippines and Venezuela, incorporating public input through a withdrawal proposal and voting mechanism for council members, thus reinforcing popular sovereignty in the legislative process.

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