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Y. A. Triana Ohoiwutun
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jkph@unej.ac.id
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Kab. jember,
Jawa timur
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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Lex Cryptographia: Legal Extensions to Smart Contract Breaches and Governance in Blockchain Systems Annas Rasid Musthafa; Rifda Yussriyyah Putri; Alfaiza Akbar Farizki; Shafanissa Aulya Alma
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.v4i2.53366

Abstract

The development of smart contract in a decentralized blockchain system raises various problems in the legal field marked by cases of smart contract violations such as the DAO, Parity Wallet, and PlayDapp cases. The breach of smart contract in the blockchain system affects the application and enforcement of conventional law in a virtual world that has no geographical jurisdiction. The limitations of conventional law in regulating the virtual world gave birth to various new legal concepts such as lex cryptographia and virtual state. This research aims to examine the expansion of law in blockchain systems and smart contract, especially in cases of breach of smart contract and the birth of new governance. This research uses doctrinal research methods with a case study approach and literature research. Based on the results of this research, the existence of smart contracts affects the legal expansion of their legitimacy and application as contracts that have legal force. Smart contract that have no ties to territorial jurisdiction give the parties to the smart contract complete freedom to regulate the settlement of contract violations, so that smart contracts become law, legal procedures, and punishment itself in carrying out its functions. In addition, the existence of smart contracts in the blockchain system also gave birth to lex cryptographia as a new law and a blockchain-based virtual state as a new governance model that is not limited by geographical areas.
Conceptualising Big Data within the Indonesian Trade Secrets Legal Framework Moch. Marsa Taufiqurrohman; Tarsisius Murwadji; Helza Nova Lita
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 2 (2025): July-December
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i2.53686

Abstract

Big data phenomenon has transformed global digital economy landscape, yet unclear legal status in Indonesia creates protection gaps that disadvantage technology innovators and business actors. This legal uncertainty has become increasingly urgent as Indonesia's digital economy accelerates post-pandemic, with data-driven startups and established businesses facing immediate risks from inadequate intellectual property protection in competitive global markets. Insufficient legal framework to protect big data as intellectual assets potentially hinders technology investment and knowledge transfer in digital transformation era. This article, employing a combination of normative juridical research and comparative analysis methodology, aims to establish big data conceptualization as trade secret protection objects within Indonesia's intellectual property legal framework. This article argues that big data characteristics encompassing information secrecy, substantial economic value, and adequate protection efforts, fulfill trade secret requirements as regulated in Article 3 of Law Number 30 Year 2000 concerning Trade Secrets. Analysis of big data protection practices in European Union through Trade Secrets Directive and comparative study with United States and China jurisprudence demonstrates legal approach convergence enabling adaptation within Indonesian legal system. This ultimately meets business information protection elements based on Article 2 of Law Number 30 Year 2000 concerning Trade Secrets, rendering big data protection practices as trade secrets legally justifiable. Article concludes by suggesting that policymakers should establish adequate frameworks and regulations to accommodate big data protection as trade secrets in digital markets. This would promote sustainable technology innovation and protect Indonesian digital business actors' interests in global competition.
The Relic of Our Distant Past: Prospects for Ex-Ante Emergency Laws Reform in Indonesia Bimo Fajar Hantoro
Jurnal Kajian Pembaruan Hukum Vol. 6 No. 1 (2026): January-June
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v6i1.53687

Abstract

The 1945 Constitution establishes two mechanisms for dealing with emergencies, including Article 12, which requires the enactment of an ex-ante law governing the state of emergency. However, a dualism has emerged within Indonesia’s ex-ante emergency laws. The purpose of this research is to analyse the current regulatory landscape of ex-ante emergency laws, assess their constitutionality and limitations, and propose a constitutional framework for the law on the state of emergency, followed by reform proposals based on best practices. This normative legal research employs statutory and conceptual approaches, utilising primary and secondary legal materials. The findings show that there has been a “balkanisation” of ex-ante emergency laws, as evidenced by the existence of: 1) the law on the state of emergency model, which implements the delegation provision of Article 12; and 2) the ordinary legislation model, which deviates from the constitutional requirement of Article 12. To ensure compliance and harmonisation with Article 12, the various types of emergencies, which are currently dispersed across several laws, must be consolidated into a single law on the state of emergency. This unification should be followed by reforms to the regulations governing declaration authority, conditions for declaration, and the consequences of the state of emergency. These measures are necessary to ensure that the President is well-equipped to deal with emergencies while maintaining effective checks to prevent the abuse of presidential emergency powers  
Between Flexibility and Discrimination Against Workers’ Rights: Comparing Outsourcing Protection Policies in Indonesia and the Philippines Aluna Putri Sagina; Gusnaeni Bachtiar; Aluna Putri Sagita; Zhairah Zulaeyka Imran
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 2 (2025): July-December
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i2.53688

Abstract

The practice of outsourcing in Indonesia continues to grow in line with high unemployment rates and demands for labour market flexibility. However, weak legal protection for outsourced workers has led to uncertainty regarding employment status, inadequate wages, and disparities in treatment between permanent and outsourced workers. This situation requires urgent review, given that outsourcing practices in the field often do not comply with applicable laws. Although regulations only allow outsourcing for certain types of work, in reality many companies take advantage of it extensively because of cheaper labour costs and the absence of job security. In this context, it is important to compare Indonesian regulations with those of the Philippines, as the Philippines has a more assertive approach to protecting outsourced workers, including a ban on labour-only contracting and the application of strict institutional standards. This study uses a normative juridical method, with a comparative approach and literature review to analyse the legal frameworks of both countries. The results show that the Philippines has succeeded in creating a more equitable outsourcing system through consistent regulations and strong supervision for worker protection. In contrast, Indonesia still faces inconsistencies in the implementation of regulations, which has led to discriminatory treatment of outsourced workers. Therefore, this study recommends strengthening institutional coordination, effective law enforcement, and vocational education reform as part of a more equitable and sustainable labour reform strategy.
The Chilling Effect of International Investment Law and Indonesia’s Preventive Steps to Overcome It Putu George Matthew Simbolon; Oktavani Yenny
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53690

Abstract

This research is necessary due to the chilling effect brought about by the IIL and the provision under Article 32 of the Indonesian Capital Investment Law, which potentially brings adverse effects to the Government of Indonesia. Such adverse effects can manifest as substantial compensation claims and policy adjustments contrary to national interests. Unlike previous research concerning Indonesia prior to the IIL regime, the distinctive feature of this study is the implementation of the exhaustion of local remedies doctrine based on IIL doctrines, past ICSID cases, and dispute settlement procedures under BITs. This research comprises four discussions outlined below. The first discussion outlines prior research concerning Indonesia before the IIL regime, along with the novelty discussion. Meanwhile, the second discussion explains the adverse effects of ISDS and SSID on Indonesia's sovereignty and its diplomatic relations with other ICSID Convention members. The third discussion emphasises that Indonesia should not perceive the IIL as an isolated regime, allowing it to utilise this legal framework to prevent disputes through international arbitration and adopt objective investment measures. Lastly, the fourth discussion describes how Indonesian local courts should be employed to resolve foreign investment disputes. The expected contribution of this research is to enrich the literature concerning IIL from an Indonesian law perspective. Furthermore, this research is crucial to serve as guidance for Indonesian lawmakers when amending Article 32 of the Capital Investment Law.
Building Deliberative Democracy in Indonesia: Democracy Future and the Future of Democracy Antony; Maharani Citra Dewi; John Elvin Louis
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53691

Abstract

This research aims to analyse the development of democracy in Indonesia and explore the potential of applying the deliberative democracy model as an alternative to strengthening the quality of future democracy. Indonesian democracy has experienced fluctuations since independence, ranging from parliamentary democracy and guided democracy to Pancasila democracy and reform democracy. Although Indonesia is now recognised as the largest democratic country in Southeast Asia, the quality of substantive democracy still faces various challenges, such as political oligarchy, low meaningful citizen participation, and procedural democracy practices that lack public dialogue. This research employs normative legal research methods with a statutory, historical, and conceptual approach. It utilises secondary legal sources, comprising primary, secondary, and tertiary legal materials, which are analysed qualitatively and deductively. The results indicate that deliberative democracy, which emphasises rational discourse, inclusive participation, and argument-based collective decision making, can serve as a middle ground between rigid procedural democracy and ideal substantive democracy. The implementation of deliberative democracy in Indonesia requires institutional reform, the strengthening of citizen capacity, and the opening of deliberative spaces in both digital and institutional realms. This research recommends a paradigm shift in democracy towards a more participatory, reflective, and equitable direction as the foundation of future democracy.
Reconstructing Population Law for Transsexual Status Change Based on Humanitarian Values Tawakal Akbar Darojat; Sadida Nizam; Nabil Nizam
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53692

Abstract

Gender change regulations in Indonesia present complex legal and social challenges that require thorough examination to ensure protection and recognition of individual rights. This study aims to describe and analyse the ratio legis of the legal provisions regarding gender change from the perspective of Indonesian legislation, as well as to identify and analyse the relevance of these provisions to Werner Menski’s legal pluralism triangle concept. The research employs normative legal methods using statutory, philosophical, and conceptual approaches. Data collection is conducted through literature studies on laws and regulations, legal literature, and court decisions related to gender change. The results indicate that the ratio legis of gender change provisions reflects the state’s effort to protect and recognise the personal and legal status of every citizen. However, these provisions have not yet shown strong relevance to Werner Menski’s legal pluralism triangle concept, particularly regarding the legal protection of transgender individuals whose petitions for gender status changes have been rejected by the courts. The conclusion emphasises the need to adjust national legal norms to better respond to the complex moral, social, and cultural issues arising in a globalised society.
Greenwashing as a Crime and the Urgency of Redesigning the Environmental Criminal Law Paradigm Zico Junius Fernando; Wevy Efticha Sary; Ahmad Wali; Ariesta Wibisono Anditya
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53693

Abstract

Greenwashing, a deceptive practice wherein corporations falsely present their products, services, or policies as environmentally friendly, has emerged as a serious threat to environmental protection and consumer trust in the era of sustainable development. This paper argues that greenwashing should be recognised not merely as an ethical or regulatory violation but as a criminal offence within the framework of environmental criminal law. Through a normative-juridical approach combined with a comparative analysis of legal frameworks in various jurisdictions, this study explores the limitations of current civil and administrative sanctions in deterring greenwashing practices. The analysis reveals that the absence of criminal liability has allowed corporations to manipulate sustainability narratives without facing substantial legal consequences. By examining the socio-legal harms of greenwashing, including environmental degradation, market distortion, and erosion of public confidence, this paper advocates for a paradigm shift in environmental law enforcement. It proposes the integration of greenwashing as a distinct criminal act under environmental law, emphasising principles such as strict liability, corporate criminal responsibility, and the need for restorative justice mechanisms. The study concludes with policy recommendations for legal reform that align with the principles of ecological justice and sustainable governance, reinforcing the urgency to criminalise greenwashing as part of a broader effort to protect both the environment and the rights of consumers.
Revocation of Land Gifts for Breach of Filial Responsibility: A Comparative Study of Indonesia and India Grace Sharon; Ani Munirah Mohamad; Xavier Nugraha; Jeniffer Avrillya Wibisono; Yoga Prihandono
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53694

Abstract

The transfer of land rights through gifts within familial relationships often entails obligations of filial responsibility, particularly the duty of children to care for their elderly parents. As the increasing disputes over property transfers within familial relationships, this study addresses the legal grounds and consequences of revoking land gift agreements in Indonesia and India when recipients fail to fulfil their filial obligations. So the urgency of the results of this research can help to renew civil law in Indonesia, in particular, and add to the literature as a more general research concept. This article is a normative legal research methodology with statutory, conceptual, and comparative approaches. The findings reveal a doctrinal divergence: Indonesian law mandates explicit conditions within the gift deed to allow revocation based on filial neglect, emphasising a textual interpretation under Article 1688 of the Indonesian Civil Code. Conversely, Indian law, notably through Article 23 of the Welfare of Parents and Senior Citizens Act, recognises both explicit and implicit filial duties as valid grounds for annulment, facilitating broader judicial protection for elderly donors. The study highlights the restrictive scope of Indonesian legal enforcement compared to the more flexible, purposive judicial approach in India, which prioritises substantive justice and familial welfare. These insights suggest that Indonesian legal reforms could benefit from adopting similar flexibility to strengthen safeguards for elderly parents, mitigate intra-family conflicts, and ensure equitable intergenerational property transfers, because the similarity between Indonesia and India is the application of a legal system influenced by customary law.
Why Do the EU and Singapore Protect E-Commerce Consumers Better Than Indonesia? Elva Elva; Hari Sutra Disemadi; Nurlaily Nurlaily; Mimi Sintia Mohd Bajury
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 2 (2025): July-December
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i2.53695

Abstract

This study addresses the pressing research problem of how Indonesia’s existing legal enforcement framework fails to protect consumers from irresponsible e-commerce practices, in contrast with more advanced jurisdictions such as Singapore and the European Union. The primary objective of the research is to examine and compare the enforcement models employed in Indonesia, Singapore, and the EU, with a view to identifying strengths and gaps that may inform reforms in Indonesia’s legal system. Using normative legal research, employing both comparative legal and statutory approaches, the study relies on secondary legal materials and regulations from all three jurisdictions, and analyses them through descriptive qualitative methods underpinned by Progressive Legal Theory. The findings show the EU's leadership in data protection enforcement through strong turnover-based sanctions, independent supervisory bodies, cross-border dispute resolution, and rigorous due diligence. Singapore demonstrates moderate effectiveness through accessible consumer forums, robust PDPC enforcement, and compliance tools such as CaseTrust, though its scope remains limited. Indonesia lags behind, hindered by weak sanctions, fragmented oversight, underdeveloped dispute resolution mechanisms, and a lack of independent enforcement. These insights underscore the need for Indonesia to adopt systemic reforms, including turnover-based penalties, an independent data authority, integrated online dispute resolution, and coordinated regulatory frameworks, shifting from formalistic rules toward a progressive legal ecosystem that upholds consumer protection, accountability, and digital trust.

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