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INDONESIA
Pembaharuan Hukum
Published by Universitas Islam Sultan Agung
ISSN : 23550481     EISSN : 25803085     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Pembaharuan Hukum is a scientific publication containing research article, case report and review article in Law area. This journal is published by the Faculty of Law Universitas Islam Sultan Agung three time a year. This journal gives a good opportunities for law researchers, lecturers, students, practitioners that came from Indonesia and abroad to express the idea about technology and update in law. The aim of this journal is to develop and improve knowledge especially in law area.
Arjuna Subject : -
Articles 449 Documents
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CONFLICT TO CLARITY: MEDIATION IN RESOLVING COPYRIGHT DISPUTES OVER ELECTRONIC BOOKS Waruwu, Khamozaro; Dare, Foluke M
Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i3.40174

Abstract

Mediation as one of the efforts to resolve e-book copyright disputes has become a trend in society to utilize dispute resolution with various advantages, including economic factors, legal culture factors, the breadth of the scope of problems that can be discussed, and coaching factors. The purpose of this paper is to discuss mediation as one of the alternatives to resolving e-book copyright disputes. Intellectual Property Rights are referred to as property rights, and the results of this work can be in the form of intangible objects that come from the work of the brain and the work of rational reason that gives birth to intellectual property rights. Mediation is one type of dispute resolution that can be chosen in resolving problems in the field of IPR, especially regarding e-book piracy disputes that are currently rampant. This study uses a normative legal research method with two types of approaches, namely the statutory research approach and the case research approach. Mediation is the most effective alternative dispute resolution and is needed for copyright disputes because it is regulated in the Copyright Law. In addition, the form of dispute resolution through mediation also has other advantages in that it can be resolved peacefully.
Legal Analysis of Financial Sector Supervision and Regulation for Consumer Protection in Financial Services Guntara, Deny; Abas, Muhamad
Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i1.41469

Abstract

The establishment of the Financial Services Authority (Otoritas Jasa Keuangan/OJK) is rooted in a critical evaluation of banking supervision in Indonesia. The issuance of Government Regulation No. 4 of 2023 concerning the Strengthening and Development of the Financial Sector is an effort by public institutions to encourage government support through changes in Indonesia’s monetary sector. This study examines how Law No. 4 of 2023 impacts financial services actors (market conduct), its effect on the consumer protection system in financial services, and its influence on financial education and literacy in society. This study uses a normative legal research method with a juridical-normative approach. Government Regulation No. 4 of 2023 has a positive impact by strengthening the authority of the OJK to supervise the behavior of the financial industry. This aims to protect consumers’ interests, maintain national economic stability, and provide legal certainty for businesses in the financial technology sector. The Financial Technology Industry Law has a positive impact on financial sector consumers. This law not only protects consumers and regulates the financial technology industry but also emphasizes the importance of financial literacy education. The Government Regulation No. 4 of 2023 acts like a pseudo-down payment provision within supported monetary policies and provides security for buyers in the monetary sector. This study concludes that Government Regulation No. 4 of 2023 significantly strengthens the legal framework for regulating market conduct and protecting financial consumers in Indonesia.
Protecting Victims of Cybercrime in the Maritime Sector: Legal Challenges and the Absence of Specific Cybersecurity Laws in Indonesia Hutahayan, Carlo Gambino; Easyca, Yesarela; Panjaitan, Junifer Dame
Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i1.46945

Abstract

Indonesia's shipping sector faces substantial risks from cyberattacks in the ever-evolving digital landscape, which threaten navigation systems, ship operations, and critically impact victims, including shipping companies, crews, and passengers. This paper examines the legal challenges encountered by Indonesia's maritime industry in addressing cybercrime, with a particular focus on the lack of dedicated cybersecurity laws that explicitly protect victims. The research findings reveal that Law No. 11 of 2008 on Information and Electronic Transactions and Law No. 17 of 2008 on Shipping are inadequate in addressing the specific cyber threats and victim protection needs within the maritime sector. This study advocates for the establishment of specialized regulations incorporating clear definitions and scope, detailed obligations and responsibilities, robust victim protection measures, appropriate security standards, and effective enforcement mechanisms and sanctions. By integrating these elements, the research offers both theoretical and practical guidance for policymakers to develop a more comprehensive and adaptive regulatory framework that not only secures Indonesia's maritime infrastructure but also ensures justice and support for victims of maritime cybercrime.
Religious Internal Policy Integration Strategy: An Innovative Approach to the Protection of Workers’ Rights in Employment Agreements Riswandie, Iwan; Syafa'i, Imam
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.47407

Abstract

Protecting workers' rights through internal policies that integrate religious values is a crucial innovative step in creating a fair, inclusive, and sustainable work environment in Indonesia. This study examines the strategy of integrating internal policies based on religious values as an innovative approach to protecting workers' rights in employment agreements. Using a mixed-methods explanatory sequential design, the study involved 15 multi-sector companies in Indonesia, along with 120 workers and 30 management/union representatives. Findings indicate that a strategy of multi-stakeholder collaboration and contextualizing abstract values into operational practices significantly increased job satisfaction (32%), procedural justice (41%), feelings of appreciation (38%), and employee retention (18%), while reducing stress symptoms (27%) and formal disputes (45%). The majority of workers (85%) supported the integration of universal, inclusive, and non-dogmatic religious values. The study also developed the RELIEF Evaluation Model (Religious Ethics-Led Impact Evaluation Framework) as a multidimensional framework for measuring the success of integration. The main contribution of this study is the provision of a tested collaborative implementation model, empirical evidence of holistic impact, and an innovative evaluation framework, which collectively enrich the literature on Ethical Human Resource Management and Employment Law.
A Discourse on the Legal Implications of Digital Standard Contracts in the Context of Personal Data Protection Debora, Debora; Simamora, Janpatar; Manullang, Herlina; Tambunan, Mika Thensia
Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i1.37528

Abstract

This paper examines the legal aspects of the use of standard digital contracts with respect to the protection of users' personal data and the control of their use. This research takes a normative approach. Standard terms are not prohibited, but the inclusion of exculpatory clauses is prohibited under Article 18 of the Consumer Protection Act. Digital practices recognize standard digital contracts related to personal data. Article 20 of the Personal Data Protection Law requires a valid legal basis for the processing of personal data. The legal basis is set out in a digital contract between the personal data controller and the personal data subject. The standard contract must contain all the things required by the Personal Data Protection Act. The personal data subject has the right to obtain information about the clarity of identity, the basis of legal interests, the purpose of requesting and using the personal data and the responsibility of the party requesting the personal data. Supervision of the use of digital standard agreements is carried out by the BPSK and the OJK after the digital standard agreements have been implemented by business entities. This form of supervision is less effective in maintaining the balance of the parties.
Contempt of Court in Indonesia: A Legal Analysis Based on the Criminal Code and Islamic Law Principles Malaka, Zuman
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.45110

Abstract

Contempt of Court involves actions that undermine the judiciary’s authority and disrupt the judicial process, posing a significant challenge to maintaining a just legal system. This study examines the concept of Contempt of Court in Indonesian positive law and Islamic law, analyzing relevant cases to highlight legal gaps. The research employs a normative legal method with statutory and conceptual approaches, analyzing secondary data from legislation, the Qur’an, Hadith, and scholarly literature. Findings reveal that Indonesian regulations on Contempt of Court are scattered across the Criminal Code, Narcotics Law, and Corruption Crime Law, lacking a unified framework, which leads to inconsistent enforcement, as evidenced by cases like courtroom disruptions and violence against judges. Islamic law principles, emphasizing justice and obedience to judicial authority, condemn such acts but are underexplored in Indonesia’s legal system. The study concludes that a dedicated Contempt of Court law, integrating positive and Islamic legal principles, is essential to ensure legal certainty, deter violations, and uphold a just and dignified judicial system. This research underscores the need for comprehensive regulations to strengthen judicial authority in Indonesia.
Navigating the New Landscape: Consumer Rights and Halal Product Guarantees in Indonesia Kerti, Renti Maharaini 
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.46803

Abstract

Rising public awareness of halal certification and consumer rights in Indonesia has prompted strengthened regulations through Law Number 33 of 2014 on Halal Product Assurance, aiming to ensure compliance with Islamic standards and protect Muslim consumers. This study examines how this law impacts consumer trust, market dynamics, and business readiness, particularly for micro, small, and medium enterprises, while addressing gaps in regulatory enforcement and consumer awareness. Employing a qualitative approach with a descriptive-analytical design, data were gathered through in-depth interviews with stakeholders, including certification bodies, businesses, and consumers, alongside document reviews and observations. Findings reveal that the law enhances consumer confidence in halal product authenticity but imposes significant administrative and financial burdens on small businesses, especially in rural areas, due to centralized certification processes and high costs. Limited consumer understanding of certification procedures and weak oversight mechanisms increase risks of fraudulent labeling. Digitalizing certification processes and integrating halal information into e-commerce platforms can improve transparency and accessibility, though effectiveness depends on institutional capacity and stakeholder collaboration. The study concludes that a balanced, inclusive halal ecosystem requires robust policy support, empowerment of small businesses, and enhanced consumer education to ensure regulatory success and global competitiveness.
Legal Framework for Optimizing Nazhir’s Role in Waqf Asset Management for Economic and Social Development Fauziah, Fauziah; Salamah, Ade; Lubis, Efridani; Intihani, Siti Nur; Fadillah, Syarif
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.47125

Abstract

Waqf is a recommended form of worship for Muslims because its rewards continue even after the donor (wakif) has passed away, as long as the donated assets provide ongoing benefits. In Indonesia, waqf is regulated by Law Number 41 of 2004, which emphasizes that waqf functions to realize economic potential for worship and public welfare. This highlights the importance of strengthening nadzir’s role and capacity in managing waqf assets productively. This research aims to examine nadzir’s role in managing waqf assets in Bekasi City and to identify strategies for optimizing their skills to support social and economic development. The study uses a combination of normative juridical methods, by analyzing laws and regulations, and empirical juridical methods, by collecting primary data through interviews with nadzir, wakif, the Indonesian Waqf Board (Badan Waqaf Indonesia/BWI), and the local community. The findings show that nadzir has a strategic but challenging role, as many lack adequate training and support from relevant institutions. Therefore, optimizing nadzir’s capacity through structured training and government-backed guidance is crucial. The study concludes by recommending sustainable skill development programs for nadzir to ensure waqf assets can truly contribute to community welfare.
Artificial Intelligence and the Legal Framework in Preventing Financial Report Manipulation in Indonesia Tirtakusuma, Andreas Eno Eno; Tirtakusuma, Eleazar Josiah Josiah; Tirtakusuma, Adino Jedidiah Jedidiah
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.47111

Abstract

Financial statement manipulation undermines investor trust and market stability, particularly in Indonesia, where recurring scandals highlight enforcement challenges. This study aims to analyze manipulation techniques, evaluate the dual role of artificial intelligence in detection and perpetration, and propose regulatory enhancements. Employing a qualitative descriptive approach with a normative legal perspective, the research examines case studies of Indonesian firms, including PT Kimia Farma and eFishery, using statutory and conceptual analysis. The findings reveal prevalent manipulation methods, such as inventory inflation and related-party transactions, driven by factors outlined in the fraud hexagon theory, including pressure and opportunity. Artificial intelligence enhances detection through anomaly identification but risks enabling sophisticated fraud if unregulated. Weak internal controls and inconsistent legal enforcement exacerbate these issues. The study concludes that mandatory artificial intelligence training for auditors, stricter disclosure requirements, and dedicated oversight bodies are essential to strengthen financial reporting integrity. These measures can foster transparency and accountability in Indonesia’s financial ecosystem. Future research should explore artificial intelligence’s effectiveness in high-growth startups to address evolving fraud dynamics.
Legal Responsibilities of Notaries in the Era of Artificial Intelligence in Preventing Fraudulent Property Transactions Lany, Arman
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.47041

Abstract

The development of Artificial Intelligence (AI) technology has had a significant impact on various sectors, including notarial services, particularly in preventing fraud in property transactions. However, the emergence of this technology raises questions about the changing paradigm of notaries' legal responsibilities as public officials. This study aims to analyze the impact of AI implementation on the role and legal responsibilities of notaries, identify regulatory challenges, and formulate policy recommendations to maintain legal protection and the integrity of the notarial system in the digital era. The research approach is normative, using secondary literature analysis in the form of laws and regulations, court decisions, and other relevant literature. Qualitative methods using prescriptive, comparative, and evaluative approaches were used to examine legal norms and their application. The findings indicate that while AI supports efficiency and fraud detection, legal interpretation and responsibility remain with notaries. Regulations need to be revised to ensure the use of AI is strictly and ethically regulated. The integration of AI does not diminish the responsibilities of notaries, and regulatory updates and increased human resource capacity are needed to address technological challenges while maintaining legal certainty and justice.

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