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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 494 Documents
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Law and Fiscal Ethics in Indonesia: 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 regarding the use of Indonesia’s State Budget (APBN) to support commercial debt within a Public–Private Partnership (PPP) framework and its compatibility with fiscal law and good governance principles. This article seeks to evaluate whether the involvement of the APBN in the Whoosh project is consistent with the provisions of the State Finance Law, the State Treasury Law, and the beneficiary-pays principle, which mandates that the financial obligations arising from commercial activities be assumed by their direct beneficiaries. A normative juridical method is employed to interpret and evaluate the legal boundaries of APBN financing based on Law Number 17 of 2003 on State Finance, Law Number 1 of 2004 on State Treasury, Law Number 19 of 2003 on State-Owned Enterprises, and Presidential Regulation Number 38 of 2015 on Public–Private Partnerships (PPP). The study finds that the use of APBN funds for a commercially operated infrastructure project may contravene principles of fiscal accountability and proportionality embedded in Indonesian public finance law. It also raises concerns about intergenerational justice, as future taxpayers could inherit present commercial risks. 
From AI Governance to Consumer Protection: Reconstructing Indonesia’s Regulatory Framework for Artificial Intelligence in Banking 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) into Indonesia’s banking sector has enhanced financial innovation and operational efficiency while generating significant legal challenges for consumer protection. Although existing legislation provides general safeguards and the Financial Services Authority (OJK) has introduced AI governance for banking, a regulatory gap remains between principle-based AI governance and enforceable protection against algorithmic risks. This study aims to assess the adequacy of Indonesia’s existing legal framework for protecting banking consumers and to formulate a more accountable and consumer-oriented regulatory framework. Employing normative legal research, this study applies statutory, conceptual, and comparative approaches by examining Indonesian legal instruments alongside AI governance frameworks in the European Union, Singapore, Japan, Canada, South Korea, and the United States. The findings demonstrate that Indonesia’s emerging framework recognizes fairness, transparency, accountability, and responsible AI governance, but has yet to fully translate these principles into enforceable consumer rights concerning algorithmic decisions, explainability, oversight, and redress. Unlike previous studies emphasizing the absence of AI-specific regulation, this study identifies the transition from AI governance principles toward enforceable consumer protection as the critical regulatory challenge. It concludes that Indonesia requires a risk-based and consumer-oriented framework integrating algorithmic accountability, transparency, human oversight, and effective redress mechanisms.
Prisoners’ Sexual Rights: A Human Rights Perspective Nurdin Nurdin; Yusran Yusran; Abd Wahid; Sitti Fatimah Maddusila; Kartini Malarangan
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 retain the right to fulfill their sexual needs with their spouses during imprisonment, however, Indonesia has yet to establish regulations that facilitate the exercise of this right. Although many scholars advocate addressing this issue from a human rights perspective, empirical research remains limited. Therefore, this study examines the fulfillment of prisoners’ sexual rights through a human rights framework. Employing a qualitative case study design with a juridical-empirical legal approach, data were collected through field observations, in-depth interviews, and analysis of legal documents. The findings reveal that prisoners’ right to sexual relations with their spouses has not been realized because prisons lack the necessary regulations and implementation mechanisms. Furthermore, national legislation does not provide standard operating procedures for fulfilling prisoners’ sexual rights. The study concludes that ensuring the fulfillment of prisoners’ sexual needs at Palu Prison requires a human right–based policy framework. As a practical contribution, it proposes the establishment of a Safe Counseling and Relationship Zone, a dedicated facility integrating psychological and marital counseling with a hygienic, private, and dignified space where prisoners and their spouses may maintain intimate relationships within an appropriate legal and institutional framework.
Citizens’ Constitutional Rights in Electoral Processes: Freedom of Expression and Legal Restrictions 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

The protection of citizens’ constitutional rights, including voting rights, candidacy rights, political participation, and freedom of expression, is a fundamental requirement for electoral integrity. The rapid development of digital technology has created new challenges, particularly through disinformation, hate speech, and restrictions on political expression that may affect democratic processes during elections. This study examines the constitutional guarantees of citizens’ rights in elections and assesses the compatibility of limitations on freedom of expression with democratic principles and electoral integrity. Using a normative legal research method, the study applies statutory, conceptual, and constitutional approaches. The analysis focuses on the 1945 Constitution of the Republic of Indonesia, Law No. 7 of 2017 on General Elections, and Law No. 1 of 2024 concerning Electronic Information and Transactions (ITE Law). The findings indicate that citizens’ constitutional rights in electoral processes are strongly protected within Indonesia’s constitutional and statutory framework. Restrictions on freedom of expression may be constitutionally justified when they comply with the principles of legality, proportionality, and the protection of electoral integrity. Strengthening the harmonization of electoral regulations and digital governance is essential to ensure effective protection of constitutional rights while maintaining democratic quality and electoral integrity in the digital era.
Legal Protection for Child Witnesses Based on the Principle of the Child's Best Interests 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 who witness criminal cases are in a vulnerable position because of their psychological limitations and lack of full 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 seeks to examine how children who are minors are legally protected and treated as witnesses within the juvenile criminal justice system, as well as to evaluate how their testimonies are assessed during the process of gathering evidence. The research method employed is normative juridical, incorporating both legal and conceptual approaches. The legislative approach is carried out by examining various legal provisions relating to the protection and status of child witnesses, specifically Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Law Number 35 of 2014 concerning Child Protection, and the Criminal Procedure Code. 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. 
Farmers’ Legal Consciousness and Sharecropping Contract Practices in the Digital Era: A Comparative Socio-Legal Study 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. The results show that digital literacy is gradually transforming traditional verbal agreements into written contracts. The findings indicate that rural communities still predominantly rely on oral agreements based on strong trust and social cohesion, whereas urban farmers demonstrate a greater preference for written agreements. The results further show that digital exposure has increased legal awareness, particularly among younger and more educated farmers, although religious legitimacy continues to influence 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.
The Legal and Regulatory Framework of adat Courts as an Alternative Dispute Resolution in Indonesia 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

This study examines the legal and regulatory framework of Adat Courts in Indonesia, evaluating their viability as an Alternative Dispute Resolution mechanism. Despite the formal recognition of customary law in the 1945 Constitution and the new National Criminal Code (Law Number 1 of 2023), regulatory gaps persist regarding the harmonization of customary decisions with the national legal system. Utilizing a doctrinal legal approach with statutory, conceptual, and case analyses, this research investigates dispute resolution mechanisms across various customary jurisdictions. The findings reveal that Adat Courts offer a highly effective, restorative justice-oriented approach that promotes social harmony. However, their implementation requires rigorous state supervision to prevent conflicts with constitutional rights. This research contributes a novel perspective by positioning Adat Courts not merely as an ADR, but as a Primary Dispute Resolution (PDR) mechanism within a legally pluralistic framework. Robust supporting regulations are essential to prevent the rigid codification of dynamic customary laws while ensuring legal certainty.
From Regulatory Compliance to Substantive Accountability: Legal Barriers and Institutional Decoupling of Public Information Disclosure in Indonesia’s State Islamic Universities Afwan 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

Public information disclosure in Indonesia’s State Islamic Universities (Perguruan Tinggi Keagamaan Islam Negeri/PTKIN) remains largely ceremonial despite the binding mandate of Law Number 14 of 2008 on Public Information Disclosure (UU Keterbukaan Informasi Publik/UU KIP). This socio-legal study investigates the legal, structural, and cultural factors driving the persistent gap between legal obligations and operational practices within PTKIN. Employing a qualitative socio-legal approach, this study combines primary data from in-depth interviews across seven PTKINs in Java and West Nusa Tenggara with secondary regulatory analyses, framed through institutional decoupling and isomorphism. The findings identify three primary systemic barriers: structural ambivalence stemming from conflating the Information and Documentation Management Officer (Pejabat Pengelola Informasi dan Dokumentasi/PPID) role with Public Relations units; a transactional compliance mindset due to decoupled accreditation/remuneration incentives; and cultural resistance rooted in bureaucratic paternalism. The study concludes that achieving substantive legal accountability requires embedding measurable transparency metrics directly into university accreditation frameworks, financial remuneration models, and internal supervisory mandates.
Institutional Legitimacy Theory on the Digitalization 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

This article aims to seek the conceptual and legal framework of e-Gov and to understand the implementation and challenges in implementing the national policy of accelerating e-Gov in Indonesian villages using the theory of Institutional Legitimacy. The research method used is normative law research. The primary legal materials used include Law Number 6 of 2014 concerning Villages, Presidential Instruction Number 6 of 2001 concerning the Development and Utilization of Telematics in Indonesia, Presidential Instruction Number 3 of 2003 concerning National Policies and Strategies for the Development of E-Government, Presidential Regulation Number 95 of 2018 concerning Electronic-Based Government Systems. This study applied Meyer and Rowan’s theory of institutional legitimacy. The results of the study explain that villages adopt e-government to reflect institutional norms rather than functional needs, with success often attributed to modernization that attracts external resources while strengthening legitimacy. Five main challenges arise: external pressures without internal readiness; symbolic compliance with functional use; cultural resistance to technological change; incompatibility between the system and local reality; and difficulty achieving substantive legitimacy. Meyer and Rowan’s six propositions proved effective for analyzing village e-government, revealing that legitimacy-seeking behaviors often result 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 study 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 study 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. Ecological justice and organizational fault can reshape corporate environmental punishment through five integrated pillars.

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