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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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LAW AND FISCAL ETHICS: A JURIDICAL ANALYSIS OF THE WHOOSH PROJECT FINANCING THROUGH THE STATE BUDGET Agam Sulaksono; Hari Wibisono
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.v13i2.49116

Abstract

The financing of the Jakarta–Bandung High-Speed Rail (Whoosh) project has raised legal and ethical concerns, particularly regarding the use of Indonesia’s State Budget (APBN). Although developed under a Public–Private Partnership (PPP), recent debates question whether allocating public funds to support or cover its commercial debt is compatible with fiscal law and good governance principles. This article aims to assess whether APBN involvement in the Whoosh project aligns with the State Finance Law, State Treasury Law, and the beneficiary-pays principle, which requires financial burdens of commercial activities to be borne by their direct beneficiaries. A normative juridical method is used to interpret relevant legislation and evaluate the legal boundaries of APBN financing. This is complemented by fiscal ethics analysis to examine accountability, proportionality, oversight, and the risk of moral hazard. The study finds that using APBN funds for a commercially operated project may violate fiscal accountability and proportionality. It also raises concerns about intergenerational justice, as future taxpayers could inherit present commercial risks. The blurred distinction between public and corporate responsibilities may weaken oversight and encourage moral hazard.
FROM GUIDELINES TO LEGAL CERTAINTY: EVALUATING INDONESIA’S AI GOVERNANCE IN THE BANKING SECTOR THROUGH A COMPARATIVE LEGAL PERSPECTIVE Dwi Ratna Indri Hapsari; Yohana Puspitasari Wardoyo
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.v13i2.48805

Abstract

The growing integration of Artificial Intelligence (AI) in Indonesia’s banking sector has redefined financial services by promoting innovation and operational efficiency. However, the rapid adoption of AI also generates legal and ethical challenges, particularly concerning consumer protection. Existing legal instruments such as the Consumer Protection Act and the Electronic Information and Transactions Act provide only general safeguards and do not address AI-specific issues, including algorithmic decision-making, data privacy, and transparency. The issuance of the AI Governance Guidelines for Banking by the Financial Services Authority (OJK) in 2024 marks an important milestone, yet it remains a non-binding framework lacking enforceable provisions that prioritize consumer rights. This study employs a normative legal method combined with comparative analysis to examine AI governance models in the European Union, Singapore, Japan, Canada, South Korea, and the United States. The findings emphasize the need for Indonesia to establish a more comprehensive and binding regulatory framework that integrates legal certainty with ethical values ensuring fairness, accountability, and transparency in AI-driven financial services.
Fulfillment of Sexual Needs of Prisoners from a Human Rights Perspective: A case of State Prison in Palu City Nurdin Nurdin
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.v13i2.50546

Abstract

Prisoners right to have sexual relationship with their spouses during imprisonment has been the oncern of many scholars and practitioners in human right persepective. However, limite studies have been conducted in this area to resolve the problem. Therefore. this study aims to investigate the fulfillment of sexual needs of prisoners from a Human Rights Perspective.This study applied qualitative case study approach with juridical-empirical legal approach. Data were gathered through direct observation, in-depth interviews, and writen documen analysis. In-depth interviews involve six praticipants from Palu city state prison. The partcipants include offiil staf of the prison and the prisoners. The result fo this study show that the right of prisoners to have sexsual intercourse with their spuoses have yet to be fullfil because the prison does not have regulation to do so. In addtition, national regulation neither provide standar operating procedures to fulfill sexual right of prisoners. We conslude that constructing a framework for fulfilling the sexual needs of inmates in Palu prison requires a new, integrative policy model. This research offers a novel approach in the form of the establishment of a Safe Counseling and Relationship Zone, a facility that combines psychological and marital counseling services with a hygienic, private, and dignified safe relationship space. The zone not only meets inmates' biological needs but also strengthens family resilience, maintains mental health, and embodies the principle of humanization within the correctional system.
Citizens Constitutional Rights in Elections: Public Participation, Freedom of Opinion, and Legal Limitation Arif Rahman; Elidar Sari; Mansari Mansari
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.v13i2.52341

Abstract

This study takes an in-depth look at citizens constitutional rights in the electoral process, which includes public participation and freedom of opinion, as well as how the restrictions are imposed by law. As the main pillar of democracy, elections function as a mechanism to realize the sovereignty of the people. However, its implementation is often faced with various legal challenges and in practice is also limited by these rights. So it becomes interesting to study and explain what the constitutional rights of citizens are in elections in Indonesia. This study uses a normative-juridical approach by reviewing laws and regulations, especially the 1945 Constitution, as well as the decisions of the Constitutional Court related to the fulfillment of the constitutional rights of citizens as the only state institution that interprets the constitution. The results of the analysis show that although the constitution guarantees the right to participate and express opinions, there are legal limitations that need to be carefully understood. These restrictions, such as bans on black campaigns, hate speech, and abuse of power, are necessary to maintain the integrity and order of elections, but at the same time they should not curb the basic rights of citizens. This study argues that fair and transparent law enforcement, as well as massive public education, are crucial to ensure that citizen constitutional rights can be optimally exercised without violating democratic principles.
Legal Protection And Position Of Child Witnesses Based On The Principle Of The Child's Best Interests In The Indonesian Criminal Justice System Leni Dwi Nurmala; Kadek Wiwik Indrayanti; Nahdiya Sabrina; Emira Lingga Febriyan
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.v13i2.50438

Abstract

Children as witnesses in criminal cases occupy a vulnerable position due to their psychological limitations and immature level of intellectual maturity. Although Indonesian law provides special protection for child witnesses, in criminal justice practice, child testimony is often positioned as weak secondary evidence. This situation indicates a gap between normative regulations (written law) and their implementation in practice (law in action). This study aims to analyze the legal protection and position of children as underage witnesses in the juvenile criminal justice system and to examine the assessment of child witness testimony during the evidentiary process. The research method used is normative juridical with a legal and conceptual approach. The results show that the legal position of child witnesses must be understood as protective-participatory, by recognizing the role of children in the evidentiary process while guaranteeing the protection of their rights and best interests. This study emphasizes the need for a paradigm shift in the assessment of evidence from a formalistic approach to substantive justice with a child rights perspective.
TRANSFORMING FARMERS’ LEGAL CONSCIOUSNESS IN THE DIGITAL ERA: A COMPARATIVE STUDY OF SHARECROPPING CONTRACTS IN SOUTH KALIMANTAN Muhammad Haris; Firqah Annajiyah Mansyuroh
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.v13i2.53061

Abstract

Sharecropping in this digital era is still carried out by Indonesian farmers, including South Kalimantan. This study aimed to determine the extent to which digital literacy, urbanization, and religious authority influence farmers’ understanding of legal responsibilities, dispute prevention, and documentation. In this study, we used a qualitative socio-legal approach by interviewing 10 farmers and landowners in both Banjarmasin (the city) and Hulu Sungai (the rural area). Field interviews were conducted in urban-periurban Banjarmasin and rural Hulu Sungai with farmers, landowners, village officials, and religious leaders. This research shows how digital literacy is transforming traditional verbal agreements into written ones. The study shows that while rural communities still use oral agreements based on strong trust and social cohesion, urban farmers prefer oral agreements. Digital exposure has begun to raise legal awareness, especially among more educated and younger farmers, although religious legitimacy still influences contractual behavior. Agrarian agreements are evolving gradually and in layers due to cultural continuity, moral authority, and emerging digital competencies. Understanding these dynamics is crucial when developing context-sensitive policy plans. These strategies can enhance legal empowerment without disrupting local beliefs and socio-religious principles.
ADAT COURTS AS AN IDEAL ALTERNATIVE DISPUTE RESOLUTION Andreas Eno Tirtakusuma
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.v13i2.50917

Abstract

In late September/early October 2025, I Wayan Dharma Yudha from Sanur, Bali, was subjected to the heaviest customary sanction, kanoroyang, for erecting a billboard for two candidates for Klian Adat. This decision sparked controversy as it was deemed to contradict customary law and local regulations. In Pontianak, Rizky Kabah received four customary punishments from the Dayak Customary Council through a meeting at the Rumah Betang, with an emphasis on transparent implementation to avoid the perception of punishment as retaliation, considering that Dayak customary law focuses on peace. Customary Courts, as a form of Alternative Dispute Resolution (ADR), utilize customary law and local wisdom to resolve conflicts without formal procedures, involving the community, and striving to reach a consensus. This court system is distinctive because it does not distinguish between criminal and civil cases. The challenges that arise include harmonizing Customary Court decisions with the national legal system, such as the issues that emerged in the imposition of the kanoroyang sanction on I Wayan Dharma Yudha. Similarly, the effectiveness of dispute resolution compared to formal courts is also a concern. This study adopts a legislative, comparative, and conceptual approach, focusing on the analysis of a real case in Central Kalimantan, particularly from the decision of the Dayak Customary Court. The hypothesis is that Customary Dispute Resolution could be the best means of resolving disputes, although its implementation requires supervision to ensure justice within the community. The customary community is considered as an extended family, so expanding the understanding of family members can influence the resolution of cases based on customary law.
The Transparency Dilemma: Decoupling Policy and Practice in Indonesia's Islamic Higher Education Afwan Faizin Faizin; Ali Mansur; Azhar Nizam Al-Haqq
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.v13i2.53157

Abstract

This article examines the stagnation of public information disclosure within Indonesia’s State Islamic Universities (PTKIN), despite the legal mandates of Law No. 14 of 2008. Employing a qualitative socio-legal approach and the lens of New Institutionalism—specifically Meyer and Rowan’s concept of "decoupling"—this study analyzes why transparency policies often remain ceremonial rather than substantive. Through in-depth interviews and document analysis at representative PTKIN across Java and other regions, the research identifies three fundamental barriers hindering implementation: (1) structural ambivalence, where the function of the Information and Documentation Management Officer (PPID) is conflated with traditional Public Relations, leading to conflicts of interest and competency gaps; (2) a transactional mindset among university leadership that views transparency as an administrative burden without financial or accreditation incentives; and (3) cultural resistance rooted in bureaucratic paternalism and a fear of public scrutiny. The findings demonstrate that current compliance is largely "coercive isomorphism," driven by external pressure rather than internal normative shifts. The study concludes that to bridge the gap between policy and practice, the Ministry of Religious Affairs must integrate transparency metrics into core university performance indicators, such as accreditation and remuneration, to shift the paradigm from mere administrative compliance to substantive accountability.
DECOUPLING DIGITALIZATION: INSTITUTIONAL LEGITIMACY AND THE LIMITS OF E-GOVERNMENT IN INDONESIAN VILLAGES Achmad Achmad; zakki adlhiyati
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.v13i2.51388

Abstract

Information technology integration has reshaped public administration, yet developing countries like Indonesia face persistent implementation challenges. This study critically examines how institutional legitimacy shapes e-government adoption in Indonesian villages. Using a qualitative descriptive method with normative legal approach and document analysis of policies, academic articles, and government reports, the study applies Meyer and Rowan's institutional legitimacy theory. Findings reveal that villages adopt e-government to reflect institutional norms rather than functional needs, with success frequently associated with modernization that attracts external resources while reinforcing legitimacy. The study contributes to institutional theory by exposing decoupling between formal compliance and substantive impact in rural digital governance. Five principal challenges emerge: external pressure without internal readiness; symbolic compliance over functional use; cultural resistance to change; mismatch between systems and local realities; and difficulty achieving substantive legitimacy. Meyer and Rowan's six propositions prove effective for analyzing village e-government, revealing that legitimacy-seeking behavior often results in ceremonial adoption rather than meaningful transformation.
ECOLOGICAL JUSTICE AS THE BASIS FOR THE CRIMINAL PUNISHMENT OF CORPORATIONS IN ENVIRONMENTAL CRIME Rihat Hutabarat
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.v13i2.53492

Abstract

Corporate criminal liability for environmental crime still carries an unresolved conceptual problem. Criminal law tends to build fault from the acts of individual persons, while ecological damage often forms through institutional decisions, patterns of control, and corporate risk management. This article examines whether ecological justice can serve as the basis for the criminal punishment of corporations in environmental crime in Indonesia. The study focuses on the weakness of an overly formalistic approach to corporate punishment and on formulating a theoretical model that places environmental restoration at its center. The research uses the normative legal method, drawing on statutory, conceptual, limited case, and systematic library approaches to the literature on ecological justice, green criminology, corporate criminal liability, strict liability, and corporate culture. The article finds that punishing environmental corporations is inadequate when it rests only on fines and general deterrence. Ecological harm is collective, cumulative, transboundary, and intergenerational, so the measure of criminal justice must account for the distribution of ecological burdens, the participation of affected residents, the correction of damage, proof of organizational fault, and governance oversight after the verdict. The novelty of the article lies in integrating the theory of ecological justice with the theory of organizational fault in the criminal punishment of environmental corporations. The article proposes a five-pillar model: distributive justice, procedural justice, corrective-restorative justice, organizational fault, and post-verdict ecological governance. It concludes that ecological justice can reconstruct corporate punishment into a corrective, restorative, and transformative instrument that prevents recurring damage and strengthens the protection of society and the environment.

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