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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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The Role of Legal Knowledge in Strengthening Consumer Protection and Access to Justice Prabowo, M. Shidqon
Jurnal Pembaharuan Hukum Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i3.46983

Abstract

Consumers’ low level of legal awareness regarding their rights remains a significant factor contributing to their weak ability to seek protection when violations occur. Although consumer protection is firmly regulated under Law Number 8 of 1999 concerning Consumer Protection and its implementing regulations, many consumers still do not fully understand or exercise their rights. This study examines how consumers’ knowledge influences their awareness and behavior in utilizing legal protection mechanisms, as well as evaluates the effectiveness of existing regulations. Using a qualitative approach with a normative legal research method, primary data is derived from statutory provisions, while secondary data is collected through literature reviews of books, journals, academic articles, and legal documents. The findings indicate that consumers with higher levels of legal knowledge are more proactive in defending their rights through authorized institutions such as Community-Based Consumer Protection Organizations and Consumer Dispute Resolution Agency. In contrast, those with limited legal knowledge tend to be passive and view violations as common occurrences. Key challenges include low legal literacy, insufficient access to dispute resolution bodies, and inadequate dissemination of consumer protection regulations. To strengthen consumer protection, comprehensive legal education, improved institutional performance, and collaborative efforts among stakeholders are essential in enhancing public legal awareness and access to justice.
Legal Analysis of Digital Technology Integration in Legislation Design in Indonesia Putranto, Rahmat Dwi
Jurnal Pembaharuan Hukum Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i3.49072

Abstract

The digital revolution in the era of Industry 4.0 has significantly transformed various aspects of social and governmental life, including the process of forming legislation. In Indonesia, this transformation is supported by the implementation of the Electronic-Based Government System (SPBE) and the enactment of Law Number 13 of 2022 as an amendment to Law Number 12 of 2011 on the Formation of Legislation. This study aims to analyze the legal regulation of digital technology integration in the legislative process, examine the implementation of the digital legislation system in Indonesia, and identify the legal and institutional challenges arising from this integration. The research employs a normative legal research method with a descriptive qualitative approach by analyzing primary legal materials, including relevant laws and regulations, as well as secondary legal materials such as legal literature and scholarly works. The results show that Law Number 13 of 2022 provides a strong legal basis for the digitalization of legislative processes and enhances transparency and public participation. However, challenges remain in terms of infrastructure disparities, limited human resources, and system interoperability. Therefore, continuous legal reform and institutional readiness are essential to ensure effective and accountable digital legislation.
The Business Judgment Rule in Corporate Law: A Comparative Study of Indonesia and Singapore Gaol, Selamat Lumban
Jurnal Pembaharuan Hukum Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i3.48196

Abstract

The Business Judgement Rule (BJR) is a fundamental doctrine in corporate governance that provides directors with protection when making informed, good-faith business decisions, while maintaining accountability to shareholders. As jurisdictions develop distinct approaches to balancing managerial discretion and oversight, differences in BJR application significantly influence legal certainty, director liability, and shareholder protection. This study aims to compare BJR implementation in Indonesia and Singapore, focusing on legal frameworks, judicial interpretations, and their implications for corporate governance effectiveness. Using a normative juridical method with a comparative law approach, the analysis reveals Singapore’s robust BJR framework, supported by clear jurisprudence and strong governance practices that consistently protect prudent directors. Conversely, Indonesia faces challenges due to the absence of explicit BJR codification in the Limited Liability Companies Act and inconsistent judicial interpretations, leading to uncertainty in determining director responsibility. These contrasts arise from differing legal traditions and regulatory structures. The study concludes that Indonesia should strengthen its regulatory framework and promote judicial consistency to enhance the role of BJR in ensuring good corporate governance and balancing director responsibilities with shareholder rights.
Legal Effectiveness of Article 492 of the New Criminal Code in Addressing Digital Fraud Against MSMEs in Banjarmasin Abdullah, Dadang; Barkatullah, Abdul Halim; Tavinayati, Tavinayati; Asari, Andi
Jurnal Pembaharuan Hukum Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i3.48328

Abstract

The digital era has transformed the business landscape of traditional market traders and MSMEs in various regions, presenting new opportunities while also increasing the risk of online fraud. This study aims to analyse the effectiveness of Article 492 of the New Criminal Code in tackling digital fraud and protecting vulnerable small business actors. The method used is qualitative with a descriptive-analytical approach, combining normative legal studies and empirical data from interviews with market traders, MSME associations, cybercrime apparatus, and representatives of e-commerce platforms. This study analyzes primary legal sources, such as Article 492 of the New Criminal Code. The results of the study reveal a significant knowledge gap, with 75% of respondents being unaware of Article 492’s existence. The four main factors of vulnerability identified are low digital literacy, limited access to legal information, weak coordination with law enforcement officials, and dominance of large e-commerce platforms. To overcome this, this study offers a three-pillar coordination model, namely law enforcement, improving legal and digital literacy, and an application-based integrated reporting system. These findings confirm that effective digital criminal law requires not only regulation, but also cross-sector synergy and stronger public legal awareness.
Legal Protection for Consumers Against Digital Black Campaign Practices in the Skincare Industry in Indonesia Limbong, Linsepda; Kongres, Evi
Jurnal Pembaharuan Hukum Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i3.48742

Abstract

Black campaign practices in Indonesia’s skincare industry pose a serious threat to consumers, especially in today’s digital landscape where information spreads rapidly through social media, influencers, and anonymous accounts. These practices often involve false claims about product safety or effectiveness, manipulated reviews, and paid endorsements disguised as genuine testimonials. The impact includes misinformation, economic losses, and potential health risks. Indonesia has a relatively comprehensive legal framework, including the Consumer Protection Law (Law Number 8 of 1999), the ITE Law, the Anti-Monopoly Law, and BPOM Regulation Number 18 of 2024. However, overlapping institutional authority, difficulties in proving digital violations, and low consumer legal awareness hinder effective enforcement. Current efforts, such as BPOM’s revocation of distribution permits and consumer education by BPKN and YLKI, are positive but inadequate in addressing the complexity of black campaigns. This research uses a normative-juridical approach to analyze the legal framework, identify regulatory and enforcement gaps, and propose strategic measures. These include strengthening regulations, establishing an integrated complaint mechanism, enhancing digital forensic capabilities, and improving consumer literacy. The findings highlight the need for a comprehensive normative and conceptual strategy supported by regulations, oversight bodies, and digital awareness to create a fair and transparent skincare market in Indonesia.
Legal Review of the Social Significance of Indonesian Foundations in the Field of Health Safitri, Rusnidar
Jurnal Pembaharuan Hukum Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i3.48463

Abstract

Based on the legal dynamics in Indonesia, this review examines the social significance of foundations operating in the health sector, with a focus on hospital foundations. The objective is to analyze the alignment between their legal framework, particularly Law Number 16 of 2001 on Foundations and Law Number 28 of 2004 on Health, and their intended non-profit, philanthropic missions. Employing a normative legal research method, the study analyzes primary legal materials, including legislation, and secondary sources such as scholarly opinions. The findings reveal a tension between the social mandates of foundations and their practical operations, where some entities engage in commercial activities or provide high-cost services, contradicting their stated social functions. Regarding taxation, hospital foundations without profit-seeking objectives and using all income for social activities can be exempt from income tax. The conclusion underscores that hospital foundations play a crucial social role in providing equitable health services, community development, and charitable activities, but require clearer regulations and consistent enforcement to prevent mission drift and ensure their contributions to public health welfare are fully realized.
A Legal Review of Indonesia’s Nickel Ore Export Ban Policy in the Context of Economic Value Addition and Industrial Growth Thio, Herman; Lie, Gunardi
Jurnal Pembaharuan Hukum Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i3.48750

Abstract

Indonesia implemented a nickel ore export ban as part of its mineral downstreaming policy to increase domestic value added, strengthen industrial development, and secure long-term economic growth through local processing and refining activities. This policy is legally grounded in Law Number 4 of 2009 as amended by Law Number 3 of 2020 on Mineral and Coal Mining, as well as Ministerial Regulation of Trade Number 96 of 2019. This study aims to examines the impact of Indonesia’s nickel ore export ban on value-added economic development and its compatibility with World Trade Organization (WTO) rules, particularly General Agreement on Tariffs and Trade (GATT) 1994 Article XI:1 and Article XX. The research employs a normative legal research method using qualitative analysis of legal instruments, WTO dispute rulings, and relevant literature. The findings show that the export ban has encouraged investment in smelters, increased downstream industrial capacity, and supported strategic sectors such as electric vehicle batteries. However, the WTO found the policy violated with GATT Article XI:1 and unjustified under Article XX exceptions. While Indonesia’s policy successfully promotes domestic value addition, it also demonstrates the need to align national resource-based industrial policies with international trade obligations to ensure sustainable and legally compliant economic development.
The Constitution as the Foundation of the State Administration of the Republic of Indonesia Hutabalian, Roida
Jurnal Pembaharuan Hukum Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i3.48741

Abstract

This study explores the 1945 Constitution of the Republic of Indonesia as the fundamental basis for state administration, focusing on its historical evolution, constitutional principles, and the challenges faced in its implementation. Using a qualitative approach through literature study and library research, this research analyzes key amendments made to the Constitution, particularly those introduced during the Reformasi period, which aimed at decentralizing power and enhancing democratic governance. The findings indicate that, even after these reforms, problems such as concentrated executive power, uneven enforcement of the rule of law, corruption, and low levels of political participation continue to persist, obstructing the full fulfillment of constitutional guarantees for justice, equality, and democratic involvement. The study concludes that further institutional reforms, strengthening judicial independence, improving public political literacy, and refining the balance of centralization and regional autonomy are essential for improving the governance system. This research contributes to understanding the practical challenges in implementing Indonesia’s constitutional framework and provides recommendations for future legal and institutional reforms.
Juridical Analysis of Strict Liability Application in Forest and Land Fire Cases in Central Kalimantan Based on Law Number 32 of 2009 Martono, Yacob F.; Suriani, Rollys
Jurnal Pembaharuan Hukum Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i3.48697

Abstract

Forest and land fires (karhutla) in Central Kalimantan constitute a recurring environmental problem with massive economic, social, and ecological impacts. This research analyzes the application of the strict liability concept in forest and land fire cases in Central Kalimantan based on Law Number 32 of 2009 concerning Environmental Protection and Management. The research employs a normative juridical method with statutory and case approaches. Secondary data was obtained from primary legal materials in the form of legislation, secondary legal materials comprising literature and court decisions, and tertiary legal materials. The research results show that the concept of strict liability as regulated in Article 88 of Law Number 32 of 2009 establishes absolute liability without the requirement to prove fault for activities that pose a serious threat to the environment. Its application has proven effective in the PT Kumai Sentosa case with a compensation ruling of Rp 175.18 billion for environmental restoration covering 3,000 hectares. However, implementation still faces obstacles in proving causal relationships between business activities and forest fires, complexity in calculating ecological damages, inconsistency in court decisions, and weak execution mechanisms. The study urges improved implementation via technology-based evidence, standardized damage calculations, and stronger judicial understanding.

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