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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 457 Documents
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Legal Policy on Allocating Resources for Pertalite Subsidies: Kaldor-Hicks Efficiency Analysis Attidhira, Safira Widya; Apriani, Meni; Novelino, Romadu; Alfianda, Jaka Tiwana; Santiago, Faisal
Jurnal Pembaharuan Hukum Vol 13, No 1 (2026): Jurnal pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v13i1.48866

Abstract

This study aims to analyze the legal and political efficiency of the 2024 Pertalite subsidy policy from a legal and economic perspective based on the Kaldor Hicks efficiency principle. The results show that the Pertalite subsidy policy has not fully achieved economic and legal efficiency, as reflected in the negative net social benefits ranging from IDR 8–18 trillion per year. This condition indicates that the resulting social benefits have not exceeded the social costs borne by the state and society. The observed inefficiency is mainly caused by inaccuracies in targeting subsidy recipients, limited data integration between institutions, and a suboptimal legal framework governing the protection and management of digital data in the subsidy distribution system. From a normative perspective, the Pertalite subsidy policy also requires further strengthening to be more aligned with the principles of efficient and fair economic resource management as mandated by Article 33 of the 1945 Constitution of the Republic of Indonesia.
Contract Law in Practice in Indonesia: A Theoretical Study and its Implementation in Civil Contracts Richard, Richard
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.v12i3.48824

Abstract

This study aims to analyze the legal position of contracts in civil agreement practices in Indonesia, with a focus on the normative basis in the Civil Code, relevant basic principles, and obstacles that arise in its application. Indonesian contract law relies on the Civil Code, but social, economic, and technological changes necessitate reform to address societal dynamics. The research method used is normative juridical with a doctrinal and conceptual approach. Data was obtained through a literature study of legislation, legal literature, and analysis of research results in legal journals. This approach was used to systematically examine the applicable legal rules, legal principles, and doctrines, as well as their implementation in civil contract practice. The results of the study show that fundamental principles, such as freedom of contract, consensualism, pacta sunt servanda, good faith, and the principle of personality, remain relevant as guidelines in the formation and execution of contracts. However, obstacles still arise from both normative and practical aspects, such as the ambiguity of electronic contract regulations, the use of standard contracts that are detrimental to certain parties, and the public's weak understanding of rights and obligations in contracts.
The Influence of Legal Literacy and Law Enforcement Effectiveness on Cybercrime Prevention Sumarna, Sumarna
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.v12i3.49118

Abstract

This study examines the influence of legal literacy and law enforcement effectiveness on the prevention of cybercrime. As cybercrimes increasingly pose threats to individuals, organizations, and governments worldwide, understanding how legal awareness and the effectiveness of law enforcement mechanisms contribute to mitigating these crimes is crucial. The study uses a quantitative research design, with data collected from 300 respondents, including internet users and 50 law enforcement officers in Indonesia. The results indicate that higher legal literacy significantly correlates with better cybercrime prevention, as individuals with greater legal awareness are more proactive in protecting themselves online. Furthermore, the study finds that effective law enforcement, characterized by timely responses and adequate training for officers, plays a vital role in reducing cybercrime. The regression analysis confirms that both legal literacy and law enforcement effectiveness positively influence cybercrime prevention. Based on these findings, the study recommends enhancing legal education and improving law enforcement training to create a more secure digital environment. The study provides valuable insights for policymakers and law enforcement agencies to develop comprehensive strategies for cybercrime prevention, emphasizing the need for improved public legal awareness and stronger institutional capabilities.
Hierarchical Authority of Indonesia’s Professional Disciplinary Board in Medical Malpractice: Ambiguity, Evidence, and Constitutional Legitimacy Cahjono, Heru; Djatmika, Prija; Noerdajasakti, Setiawan
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.v12i3.49061

Abstract

Medical malpractice lies at the intersection of healthcare and criminal law. In Indonesia, Law Number 17 of 2023 on Health introduced the Professional Disciplinary Board (Majelis Disiplin Profesi/MDP), replacing the MKDKI and granting it expanded authority, including recommending criminal investigations. Article 308(1) requires a prior MDP recommendation before prosecution, positioning the MDP as a procedural gatekeeper while creating ambiguity over whether its examination is mandatory or discretionary.This study analyzes the hierarchical authority of the MDP in managing medical malpractice cases, focusing on the evidentiary challenges in proving criminal elements and their implications for criminal law reform. Using a normative juridical approach combining statutory, conceptual, and case analyses, the study finds that Article 308(1) creates a de jure mandatory MDP review requirement that operates as de facto discretionary, producing fundamental legal uncertainty, cases bypassing the MDP suffer from procedural invalidity concerns, evidentiary quality deficiencies due to loss of specialized technical review, and inconsistent judicial outcomes across different court levels, and the MDP's constitutional legitimacy as a pre-judicial gatekeeper is questionable due to insufficient procedural safeguards (14-working-day timeframe), unclear separation of powers between administrative and judicial functions, and violation of the lex certa (legal certainty) principle essential to criminal law
State Responsibility Towards Abandoned Children in the Concept of Legal Certainty Bawono, Bambang Tri; Huda, Moh Nurul
Jurnal Pembaharuan Hukum Vol 13, No 1 (2026): Jurnal pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v13i1.49193

Abstract

The threat of neglected children's lives is one of the important things that must be paid attention to. This is because children are the next generation of the nation who are thirsty for their rights as stipulated in Article 34 paragraph (1) of the 1945 Constitution. Data from the social services still shows the number of neglected children, so that social rehabilitation efforts as stipulated in the Minister of Social Affairs are very important to be continuously implemented. The type of research used in this study is normative legal research with research specifications using analytical descriptive. The results of the study show that the responsibility for maintaining and improving the standard of living for neglected children, including street children, beggars and vagrants, is part of the state's obligations as mandated by the Constitution. With this mandate, the government also carries out several instruments to maintain and overcome neglected children. One of the maintenance instruments carried out is conducting raids. In this context, raids are a threat to neglected children because of the fear that if they are arrested they will receive criminal sanctions under Articles 504 and 505 of the Criminal Code because most of their lives come from begging and vagrancy. Therefore, efforts to care for abandoned children need to be carried out in a humane manner, aiming to develop a way of thinking and attitude to live as they should.
The Decline of Moral Intelligence in the Indonesian Advocate Profession: Causes, Impacts, and Reforms Siagian, Darwin Steven; Wulandari, Catharina Dewi
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.v12i3.48258

Abstract

Indonesia’s rule of law framework recognizes advocates as law enforcers, yet declining integrity appears when defending guilty clients without justice values. This research arises from ethical violations that reflect a moral crisis and the weakening of moral intelligence among advocates. The purpose of this study is to analyze the factors causing the decline of advocates’ integrity, assess the effectiveness of the professional code of ethics in maintaining morality, and propose solutions to strengthen the integrity of the legal profession in Indonesia. This study employs an interdisciplinary legal research method with a descriptive-analytical approach. Primary data were obtained through interviews with legal practitioners, while secondary data were derived from laws, legal literature, and the advocates’ code of ethics. Data were analyzed qualitatively by applying legal system theory, legal culture theory, morality theory, and legal certainty theory. The findings indicate that the main factors behind the decline in advocates’ integrity include misinterpretation of client loyalty, weak enforcement of the code of ethics, commercialization of the profession, and a permissive legal culture. The conclusion emphasizes that moral intelligence must be the foundation of the advocate profession. Reform in legal education, strengthening of the code of ethics, and regulatory renewal are required to restore advocates’ role as officium nobile.
A Critique of Legal Formalism in Handling Cyber Sexual Harassment: Efforts to Realize Substantive Justice Through a Gender Lens and Critical Education April Juwan, Dian Paula; Murtiningsih, Rr. Siti; Budiani Trisakti, Sonjoruri
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.v12i3.48719

Abstract

Cybersexual harassment is a form of gender-based violence that is increasingly prevalent in the digital era, yet remains inadequately addressed in the Indonesian legal system. The dominant legal approach remains oriented toward formalism, with an emphasis on technical procedures and material evidence, often ignoring the suffering and vulnerability of victims, particularly women. As a result, victims not only struggle to access justice but also face additional trauma due to re-victimization during the legal process. This research uses a qualitative approach with normative-sociological methods to examine the limitations of legal formalism and the potential of a substantive justice approach in handling cybersexual harassment cases. Through an analysis of applicable regulations, literature reviews, and court decisions, this research integrates Paulo Freire's gender perspective and critical education as an interpretive framework. The results demonstrate that textually neutral laws are not necessarily just in practice, as they tend to ignore the social context and gender-based power inequalities. This research concludes that substantive justice can only be achieved through a reformulation of the legal paradigm that is responsive to victims' experiences and structural awareness. Critical education plays a strategic role in dismantling patriarchal bias in law and building gender-based legal literacy in society.

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