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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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A Juridical Study on the Transfer of Land Rights for Afwezigheid Dinda Keumala; Setiyono; Khairani Bakri; Anda Setiawati; Aghna Zarra Amani
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.v6i1.53696

Abstract

The transfer of land rights in Indonesia is fundamentally grounded in the principles of legal certainty and justice within the national agrarian system. However, legal complexities arise when the rightful landowner is in a state of afwezigheid (absence), a situation in which the legal subject's absence creates vulnerabilities in the validity and registration of land transfers. The research problems in this study are the procedures for transferring rights to land and/or buildings for people whose whereabouts are unknown (afwezigheid), and the legal considerations regarding the institution for determining a person's absence according to the Civil Code for land registration purposes, in accordance with the principles of justice and legal certainty. This research employs a normative juridical method with a qualitative approach, analysing statutory regulations, legal doctrines, and court decisions related to land transfers involving absentee owners. The study examines procedures for transferring land rights under conditions of absence, the role of judicial determinations as a substitute for the deed issued by the Land Deed Official (PPAT), and the supervisory function of courts in safeguarding the rights of absentee owners. Findings indicate that Indonesian courts play a pivotal role in balancing the principles of justice and legal certainty by validating materially lawful transactions conducted in good faith and providing a juridical basis for land registration when formal requirements cannot be fulfilled due to absence. The study concludes that judicial decisions function as an essential corrective mechanism within the land administration system. Strengthening regulatory clarity regarding afwezigheid in land transfers is necessary to enhance coherence, fairness, and sustainability in Indonesia’s land law framework.
Law, Ethics, and Constitutional Morality: Lessons from Indonesia and the United States of America Fradhana Putra Disantara; Geraldha Islami Putra Disantara; Dinara F. Abdunayimova
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.v5i2.53697

Abstract

This study examines the development of legal reforms in strengthening constitutional morality, constitutional ethics, and the rule of law in Indonesia and the United States, with an emphasis on the different approaches taken by the two countries based on their respective legal systems. This research is normative legal research with a conceptual, comparative, and legislative approach. The research findings confirm that in Indonesia, constitutional morality and ethics are considered to require special regulation in law as a formal effort to provide legitimacy and normative binding force within the national legal system, given that these values have not yet become naturally ingrained outside of written rules. Conversely, in the United States, the strengthening of constitutional morality and ethics is more often realised through judicial mechanisms, specifically through the dynamic and responsive rulings of the Supreme Court, where judicial review serves as the primary instrument for interpreting and enforcing moral and ethical values as an integral part of living legal practice. This study confirms that the effectiveness of legal updates in strengthening constitutional morality and ethics is highly dependent on the foundation of each country's legal system. Therefore, Indonesia needs to focus on strengthening legal formality, while the United States utilises the strength of its judicial institutions as guardians and developers of ethical and moral values within the constitution. This finding confirms the importance of contextual legal updates as key to making constitutional morality and ethics not just normative concepts, but practically realised in national life in order to achieve clean, democratic, and just governance.
Antitrust Law Reform in Emerging Economies: A Comparative Study between Indonesia and Oman Dwi Edi Wibowo; Aurea Qonita Wibowo; Souad Ahmed Ezzerouali
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.v5i2.53699

Abstract

This study aims to analyse anti-monopoly law reform efforts in developing countries by conducting a comparative study between Indonesia and Oman. This research is normative legal research using conceptual and legislative approaches. The research findings confirm the urgency of anti-monopoly legal reform in developing countries as an important instrument for creating a fair, competitive, and sustainably innovative market. The reform aims not only to meet international standards but also to be grounded on the principles of social justice, economic democracy, and national legal sovereignty amid global economic dynamics and digital technology. Philosophically, this reform is necessary to protect the public interest from monopolistic practices that widen economic disparities and undermine general welfare. A comparative study between Indonesia and Oman reveals differences in the context and approach to reform, with Indonesia focusing on updating laws and strengthening dispute resolution mechanisms, while Oman integrates regulations with Islamic law and economic diversification strategies. Both emphasise institutional strengthening, regulatory harmonisation, and increased awareness among business operators as key to the reform's success. The results of this comparison open opportunities for the exchange of experiences to enrich anti-monopoly legal reform strategies, supporting the creation of competitive and inclusive markets, as well as sustainable economic growth and the equitable distribution of community welfare in developing countries.
Reimagining Judge Oversight: Duties and Functions of the Judicial Commission in Action Anita Kadir; Ahmad Sabirin; Syaqila Binte Suzaini
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.v6i1.53703

Abstract

In recent years, public confidence in the Indonesian judiciary has continued to decline due to repeated cases involving judicial corruption, abuse of authority, and violations of the judicial code of ethics. This condition highlights the need for a stronger and more independent supervisory mechanism capable of ensuring accountability, transparency, and integrity within the judicial system. This paper examines the urgency of judicial supervision reform in Indonesia through strengthening the duties and functions of the Supreme Court as an external supervisory institution for judicial power. The rise of ethical violations, allegations of bribery, and independent behaviour by some judges threatens the principles of the rule of law and the supremacy of the constitution. This research uses a normative juridical method. The findings show that the authority of the Supreme Court, which is limited to the recommendatory function, without the right to impose direct sanctions or conduct investigations into alleged criminal acts by judges, causes institutional disharmony, legal uncertainty, and a low level of implementation of the Supreme Court's recommendations. The design of the authority of the Supreme Court in the current positive legal framework is not adequate to answer the demands of judicial reform and the restoration of public trust. The proposal includes expanding the authority of the Constitutional Court to impose administrative sanctions directly, including the possibility of dismissing judges in cases of serious ethical violations, as well as granting limited investigative authority for violations related to the code of ethics and the integrity of judges. This strengthening is important to avoid the dominance of the Supreme Court's internal supervision, which has the potential to give birth to judicial tyranny, as well as to affirm the position of the Supreme Court as an effective auxiliary organ in ensuring the accountability, independence, and professionalism of judges in the Indonesian judicial system.
The Legal Configuration of Foreign Tourist Levies as an Instrument for Sustainable Tourism in Bali I Gede Druvananda Abhiseka; I Gusti Agung Virlan Awanadi; Komang Satria Wibawa Putra; I Putu Edi Rusmana; Muhammad Syahnakri
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.v6i1.53706

Abstract

This study aims to analyse the implementation mechanism of the foreign tourist levy policy in Bali Province, compare Bali’s foreign tourist levy policy with similar policies in other countries, and examine strategies to optimise the policy to support sustainable tourism governance. This study employs normative legal research using statutory and comparative approaches. Legal materials were obtained through library research, consisting of legislation, academic journals, books, and relevant policy documents. The findings demonstrate that the implementation of the foreign tourist levy in Bali is supported by a strong legal foundation, including Law Number 15 of 2023 concerning Bali Province, Bali Provincial Regulation Number 6 of 2023, and Bali Governor Regulation Number 36 of 2023. The levy mechanism is implemented through an integrated digital payment system at the main entry points for foreign tourists, with funds allocated specifically to protect Balinese culture and the natural environment. Comparatively, Bali’s foreign tourist levy policy is similar to practices in Bhutan, Japan, Italy (Venice), and the Maldives, particularly in sustainable tourism principles, digitalised payment systems, and conservation-oriented fund management. Nevertheless, Bali possesses distinctive characteristics through the integration of local wisdom values and the active participation of indigenous communities in policy implementation. The optimisation strategy for the foreign tourist levy policy in Bali should therefore focus on regulatory harmonisation, transparent digital governance, institutional strengthening, and indigenous community participation. This study offers novelty by positioning the foreign tourist levy as an integrated legal governance mechanism that combines sustainable tourism principles, local wisdom, and digital governance within the framework of Bali’s regional autonomy. Accordingly, the policy functions not merely as a regional fiscal instrument but also as a legal instrument to promote culture-based and environmentally sustainable tourism governance.
Regulating Crypto Payments to Prevent Money Laundering in Indonesia: A Comparative Study Muhammad Sulton Ibnu Aulia Adhan; Nur Fadiah Anisah; Rusmilawati Windari
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.v6i1.53707

Abstract

The development of cryptocurrencies as part of digital financial innovation has created new challenges for anti-money laundering (AML) regulation and Digital Asset Supervision. In Indonesia, cryptocurrencies are legally recognised as digital financial assets under the supervision of the Financial Services Authority (OJK) after the 2025 digital financial assets regulatory reform. However, they are still prohibited from being used as a means of payment under Law Number 7 of 2011 on currencies. This dualism of regulation creates legal uncertainty and increases the risk of money laundering, as transactions can shift to less supervised channels, including peer-to-peer (P2P) transactions, decentralised finance (DeFi), and offshore platforms outside domestic supervision. This study aims to analyse cryptocurrency regulation in relation to money laundering in Indonesia and compare it with regulatory approaches in the United States and Singapore. This research uses a normative juridical method with legislative, comparative, and conceptual approaches. The United States and Singapore were chosen because they represent different but influential regulatory models. The United States implements a multi-regulatory, risk-based framework through FinCEN, the SEC, the CFTC, and OFAC. In contrast, Singapore implements a single, more integrated regulatory model through the Monetary Authority of Singapore (MAS) under the Payment Services Act (PSA). The results showed that Singapore's integrated model provided stronger regulatory coherence and supervisory efficiency, while the United States demonstrated higher adaptability to technological developments. Therefore, Indonesia needs to strengthen regulatory harmonisation, expand supervision of P2P and DeFi activities, implement domestic Travel rules, and improve coordination among OJK, Bank Indonesia, and PPATK to build a more integrated digital asset anti-money-laundering system.

Page 6 of 6 | Total Record : 56

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