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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 488 Documents
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Regulating Pre-Project Sales of Strata Title Housing: Strengthening Consumer Protection and Legal Certainty in Indonesia Andi Arif Wijaya; Tumanggor Tumanggor; Dhaniswara K. Harjono; Hulman Panjaitan
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.v13i1.49693

Abstract

This article examines how Indonesian law regulates pre-project sales of strata title housing units when the underlying land rights have not yet been fully secured. It analyzes whether the current contractual and regulatory framework provides adequate consumer protection and legal certainty, while proposing a more balanced model aligned with Indonesia’s welfare-state commitment. Using normative legal research with statute and conceptual approaches, supported by case-based illustrations, the study reviews the interaction between the Civil Code, the Law on Consumer Protection, the Law on Housing and Settlement Areas, the Law on Apartment Units, and implementing regulations governing Preliminary Sale and Purchase Agreement (Perjanjian Pengikatan Jual Beli/PPJB). The findings show that widespread reliance on PPJB despite unresolved land status and permits places disproportionate risks on consumers. Standard-form clauses drafted unilaterally by developers often undermine good faith, balance, and legal certainty, while supervisory and enforcement mechanisms remain weak. The results provide practical guidance for policymakers, regulators, and notaries/PPAT in tightening pre-project sales requirements, standardizing PPJB clauses, and improving disclosure and remedies.
Relevance of the Principle of Publicity in Land Registration to the Protection of Civil Rights Dian Dewi Khasanah; Tudi Iskandar
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.v13i1.50253

Abstract

The principle of publicity in Indonesian land registration ensures legal certainty and civil rights protection by requiring land rights to be publicly recorded, making them legally binding on third parties. This article aims to analyze the position and meaning of the principle of publicity in the Indonesian land registration system, examine its implementation in land registration practices, and assess its role in the protection of civil rights and the resolution of land disputes. This study uses a qualitative design with a juridical normative approach through an analysis of the Basic Agrarian Law, Government Regulations on Land Registration, and current land policies, including the Complete Systematic Land Registration and the digitalization of land services. The results show that the principle of publicity plays a central role in creating legal certainty, protecting parties in good faith, and strengthening the proof of rights in civil land disputes. However, the dynamics of regulation and the acceleration of land registration require strengthening mechanisms for data transparency and accuracy so that the principle of publicity continues to function optimally. This research contributes theoretically to strengthening the doctrine of property law and practically provides recommendations for developing equitable land registration policies.
Legal and Institutional Determinants of Medical Solid Waste Management in Indonesia’s First-Level Health Facilities Musdaleni Musdaleni
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.v13i1.51178

Abstract

The management of medical solid waste in first-level healthcare facilities is a critical component of public health and environmental protection in Indonesia. This study examines the adequacy of the regulatory framework, the implementation of waste management practices, and strategies for improving compliance in primary healthcare settings. Using a normative juridical and policy-oriented approach, the research analyzes key legal instruments governing medical solid waste, including environmental, health, and waste management regulations. The findings indicate that Indonesia has established a comprehensive legal framework that clearly regulates waste segregation, storage, transportation, treatment, and disposal. However, empirical evidence from prior studies shows that implementation at the facility level remains inconsistent. Limited infrastructure, financial constraints, inadequate human resource capacity, and uneven regulatory enforcement hinder effective compliance, particularly in rural and resource-constrained areas. Many facilities depend on third-party waste providers, weakening accountability for proper segregation at the source. The study highlights the need for integrated strategies, including stronger regulation, capacity building, infrastructure investment, and better coordination between health and environmental authorities. The study concludes that aligning regulatory standards with institutional and operational capacities is crucial for achieving safe and sustainable medical solid waste management in first-level healthcare facilities in Indonesia. 
The Balancing Efficiency & Justice in the Rationality of Modern Law and Economics Anggiat Ris Hardinata N; Anthony Rahardjo; Kristofer Oscar; Badra Fahrizal; Faisal Santiago
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.v13i1.48928

Abstract

The economic approach to law (law and economics) has become a dominant paradigm in modern legal analysis. Through the framework of efficiency, it seeks to explain and evaluate legal rules based on their impact on resource allocation and social welfare. Yet behind this rational ambition lies a fundamental tension between efficiency and justice. This paper explores the historical, philosophical, and normative dimensions of law and economics, focusing on the seminal contributions of Ronald H. Coase, Guido Calabresi, Gary S. Becker, and Richard A. Posner. It argues that the economic approach should not be reduced to market rationality but understood as a form of pragmatic moral rationality, a pursuit of “bounded justice” within a world of scarcity. By integrating efficiency, justice, and legal legitimacy, this study affirms the continuing relevance of law and economics for contemporary legal philosophy, including its adaptation within the Indonesian legal context, positioning efficiency as the means and justice as the end.
Harmonization of Open Banking Regulations and Personal Data Protection: A Comparative Analysis of Indonesia, Japan, and the European Union Amaliyah Amaliyah; Trisadini Prasastinah Usanti; Yuniarti Yuniarti; Geofani Milthree Saragih; Muhammad Tizar Adhiyatma
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.v13i1.49656

Abstract

The rapid advancement of financial technology has led to the emergence of open banking systems, which grant standardized access to consumers’ financial data for third parties. This transformation presents significant opportunities for innovation while also raising serious challenges to personal data protection. This study aims to analyze the regulatory frameworks of open banking and personal data protection in Indonesia, Japan, and the European Union using a normative juridical method and comparative legal approach. The analysis examines policy structures, legal instruments, and supervisory mechanisms within each jurisdiction. The findings reveal that the European Union provides the most comprehensive legal framework through the integration of PSD2 and GDPR, ensuring a balance between financial innovation and privacy protection. Japan adopts a regulatory model emphasizing technical security and third-party licensing but still faces challenges in harmonizing with international standards. Indonesia remains in an early stage, with fragmented regulations between the banking and personal data protection sectors, necessitating regulatory synchronization to ensure legal certainty and consumer protection. This article recommends cross-sector harmonization and stronger regulatory oversight to build a secure and inclusive open banking ecosystem.
The Urgency of Implementing a Core Tax Administration System in Tax Law Reform in the Fintech Era Hary Kesowo Wibowo; Anto Kustanto; Ainul Masruroh
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.v13i1.52493

Abstract

The rapid expansion of Financial Technology (FinTech) has transformed digital economic transactions and created challenges for tax administration, requiring reforms that ensure legal certainty, effective supervision, and equitable tax collection. This study examines the legal urgency of implementing the Core Tax Administration System (CTAS) as part of Indonesia’s tax law reform in the FinTech era. Using a qualitative descriptive design with a normative legal approach, the research analyzes Law Number 6 of 1983 as amended by Law Number 7 of 2021 on the Harmonization of Tax Regulations, Government Regulation Number 55 of 2022, policy documents, institutional reports, and relevant legal literature. The findings identify three legal urgencies. First, tax regulations require reconstruction to support an integrated digital administration system that provides legal certainty and accommodates technological developments. Second, CTAS strengthens tax collection by integrating taxpayer data, improving compliance, increasing administrative efficiency, and reducing tax avoidance. Third, modernization of tax administration promotes tax justice through transparent, accountable, and proportional tax obligations across conventional and digital sectors. The study concludes that successful CTAS implementation requires harmonization between tax regulations, digital governance, and personal data protection to establish an adaptive and equitable tax administration system supporting sustainable fiscal governance.
The Principles of Legal Certainty for Asset Recovery in the Corruption Law in Indonesia Rintis Eka A'isyatul Wahab; Aprilliani Kusumawati
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.v13i1.48748

Abstract

An effective asset recovery mechanism contributes directly to the recovery of state finances harmed by corruption. Indonesian law is not yet comprehensive and does not provide adequate legal certainty, especially regarding the recovery of assets resulting from corruption held abroad. The applicable regulations in Indonesia regarding the recovery of assets held abroad are not clearly regulated, and Indonesia has only ratified the UNCAC 2003, but its implementation in national legislation is still limited and has not been followed by clear implementing regulations. This study aims to analyze the principle of legal certainty in Indonesian legislation related to the recovery of assets due to corruption diverted abroad. The research method used was normative with a conceptual approach. The results of the study indicated that Law Number 31 of 1999 and Law Number 20 of 2001 concerning the Eradication of Corruption (UU PTPK) concerning asset recovery did not fully uphold the principle of legal certainty. Meanwhile, the mechanism for confiscating assets abroad still relied on the provisions of the 2003 UNCAC, while Indonesia had only ratified the 2003 UNCAC. Therefore, it is hoped that implementing regulations for the 2003 UNCAC can be formed, as well as changes to existing laws and regulations.
DECONSTRUCTING THE "GEHEIM VAN DE RAADKAMER" DOCTRINE: A SOCIO-LEGAL ANALYSIS OF CIVIL LAW RESISTANCE AND THE DIALECTICS OF DISSENTING OPINION IN INDONESIA Muhammad Yunus Wahab
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.v11i3.53995

Abstract

The marginalisation of dissenting opinions in Indonesian civil adjudication is a symptom of the unfinished decolonisation of the national private law epistemology. This article critically analyses the socio-legal resistance to dissenting opinions, which remains hegemonised by the colonial legacy doctrine of the secrecy of deliberations (geheim van de raadkamer). Through a socio-legal approach that integrates legal irritant theory and legal systems theory, this research demonstrates that the failure to implement dissenting opinions stems from an epistemological clash between rigid codification positivism and the demands of modern constitutionalism, a situation exacerbated by bureaucratic pathology and a culture of legal conformity. The novelty of this article lies in the operationalisation of the radiating effect theory to reconstruct the dissenting opinion. This institution is no longer positioned merely as a procedural right; rather, it transforms into an institutional constitutional obligation. In conclusion, the deconstruction of the secrecy of deliberations doctrine through discursive transparency successfully reconciles judicial independence with constitutional accountability, whilst simultaneously transforming the dissenting opinion into a primary catalyst for the decolonisation of substantive civil law. This research recommends the reform of the administrative protection of judges, alongside a progressive paradigm shift in the culture of judicial deliberation.
Strengthening Consumer Protections In Indonesia Amid Immersive Technology Advancements Uni Tsulasi Putri; Irna Nurhayati; Taufiq El Rahman
Jurnal Pembaharuan Hukum Vol 13, No 2 (2026): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v13i2.40945

Abstract

The rapid advancement of immersive technologies, fueled by artificial intelligence, is transforming industries such as education, healthcare, and commerce. These innovations offer significant opportunities, but they also introduce legal and regulatory challenges, particularly regarding consumer protection. This study examines the adequacy of Indonesia's existing legal frameworks, including the Consumer Protection Act, Data Protection Act, and Electronic Information and Transaction Law, in addressing the complexities of digital ownership, data privacy, and consumer rights in virtual spaces. Using normative legal research sourced from secondary data analysis, the research highlights gaps in the current legal framework, including the need for explicit recognition of virtual assets, stronger privacy safeguards, and mechanisms for cross-border enforcement. It proposes regulatory enhancements, government support, and ethical business practices as key strategies to balance innovation with consumer protection.
Rekonstruksi Penyelesaian Sengketa Transportasi Udara Dalam Perspektif Perlindungan Konsumen Dan Hukum Penerbangan Sri Wahyuni
Jurnal Pembaharuan Hukum Vol 13, No 2 (2026): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v13i2.52766

Abstract

This article examines the legal conflict between consumer protection law and aviation law in resolving consumer disputes within the air transportation sector, particularly regarding airline liability for passengers’ lost belongings during international flights. This study aims to analyze the legal position of airline liability toward passengers, examine the ratio decidendi of Supreme Court Decision Number 649 K/Pdt.Sus-BPSK/2016, and formulate a harmonization model between consumer protection law and aviation law in resolving air transportation disputes. This research uses normative legal research methods with statutory, conceptual, and case approaches. Legal materials consist of primary, secondary, and tertiary legal sources analyzed qualitatively through legal interpretation and systematic legal analysis. The study finds that the lack of integration between consumer protection law and aviation regulations has created legal uncertainty and inconsistent interpretation in consumer dispute settlement. The Supreme Court positioned aviation law as lex specialis that limits the application of general consumer protection principles. This research proposes a harmonization model through sector-based consumer protection and reconstruction of BPSK authority in aviation consumer dispute resolution.

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