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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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Mantri Pamong Praja Authority and Normative Disharmony in Boarding House Licensing Under OSS-RBA Istijabah istijabah; Fransisca Romana Harjiyatni
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.v13i2.53658

Abstract

The implementation of the Online Single Submission Risk-Based Approach (OSS-RBA) has transformed Indonesia’s business licensing system from a conventional administrative model into an integrated risk-based regime, requiring regional licensing regulations to conform to the new legal framework. This study aims to analyze the legal construction of the authority of the Mantri Pamong Praja in boarding house licensing following OSS-RBA and to examine normative disharmony and its juridical implications. This study employs normative juridical research using statutory and conceptual approaches. Legal materials were collected through library research, analyzed qualitatively using statutory interpretation and legislative harmonization. The findings indicate that the authority of the Mantri Pamong Praja, previously exercised through delegated regional licensing authority under Yogyakarta City Regional Regulation Number 1 of 2017, has undergone institutional repositioning following Law Number 6 of 2023, Government Regulation Number 5 of 2021, Government Regulation Number 28 of 2025, and Yogyakarta Mayor Regulation Number 51 of 2023. Incomplete harmonization between regional and national regulations creates overlapping authority, inconsistent licensing mechanisms, and legal uncertainty. The study concludes that the Mantri Pamong Praja’s authority has shifted from licensing issuance toward supervisory, verification, coordination, and regulatory compliance functions, requiring regulatory harmonization to ensure legal certainty within the OSS-RBA framework.
A Legal Framework for a Low-Carbon Healthcare Sector in Indonesia Donna Okthalia Setiabudhi; Ahsan Yunus; Josepus Jullie Pinori; Natalia Lana Lengkong
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.v13i2.51464

Abstract

Grounded in Article 28H of the Constitution and the Paris Agreement, Indonesia has established ambitious environmental and healthcare frameworks. However, a critical legal gap persists due to fragmented instruments that fail to constitute an integrated, binding legal architecture for regulating healthcare greenhouse gas emissions. This article addresses this void by examining the regulatory gaps hindering emission control and proposing an enforceable low-carbon legal design. Utilizing a normative juridical method, this study demonstrates that norm fragmentation rather than regulatory absence constitutes the primary impediment. Currently, energy conservation, hospital governance, medical waste, and climate policies operate disjointly, lacking mandatory measurement, reporting, verification, and reduction mechanisms. Consequently, this paper prescribes a stratified legal framework: national hospitals act as carbon accounting pilots, provincial hospitals serve as regional coordination hubs, and municipal hospitals implement minimum standards backed by fiscal and technical assistance. This tiered regulatory blueprint effectively transforms low-carbon healthcare into a measurable, enforceable, and constitutionally grounded obligation, offering profound implications for decarbonization in developing nations.
Copyright Holders of AI-Generated Works in Indonesian Copyrigt Law Sulthon Miladiyanto; Ariyanti Ariyanti
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.v13i2.51430

Abstract

In the area of copyright, the advancement of artificial intelligence (AI) technology has created new legal challenges, notably with regard to the protection and status of works created by AI systems. AI is capable of producing works that appear original and complex, but its legal status as a creator is still debated because AI is not a legal subject that has a will and legal responsibility. This research method uses legal research with primary and secondary legal materials as a reference. This study aims to examine the legal status of AI-generated works and determine who should be recognized as the copyright holder under Law Number 28 of 2014 on Copyright, considering the absence of explicit regulation regarding AI-generated creations. Conclusion of this study are based on copyright principles such as declarative, constitutive, originality, justice, moral rights, and economic rights which are the main basis for maintaining a balance between protection for human creators and technological progress, and seeing the role of humans in creating works produced through the assistance of AI in the form of designing, directing, or controlling the creative process, then AI only functions as a tool in the creation process, while copyright recognition remains attached to humans as the main legal subject. In order for Indonesian copyright law to offer efficient, equitable, and consistent protection with the advancement of artificial intelligence-based digital technologies, adaptive regulatory modifications are required.
Urgency and Civil Claims for Violation Of Environmental, Social, and Governance Clauses in Business Contracts Muhammad Afdhal Askar; Yuni Dhea Utari
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.v13i2.53542

Abstract

This research is driven by the aspiration to promote sustainable business practices through the adoption of Environmental, Social, and Governance (ESG) principles. The study aims to examine the significance of ESG clauses in business contracts and the legal recourse available to aggrieved parties in cases of non-compliance. Utilizing a normative juridical approach, this research analyzes legal norms, doctrines, and theories relevant to the subject matter, employing both statutory and conceptual frameworks. Primary legal sources include the Indonesian Civil Code and other relevant legislation, while secondary sources consist of academic literature, journal articles, and previous studies on the topic. Data were collected through library research. The findings indicate that the principle of freedom of contract underpins the inclusion of ESG clauses in business agreements as a preventive measure against risks arising from environmental, social, and governance failures. By virtue of the pacta sunt servanda principle, ESG clauses are contractually binding and must be observed to preclude legal claims from counterparties. Consequently, ESG clauses serve as a risk management tool and a protective legal mechanism in the event of contractual breaches by any party to the business contract.
Civil and Criminal Liability of Hospitals Employing Unlicensed Medical Personnel: Legal Accountability and Patient Protection Framework Rosita Dwi Yuliandari; Chomariyah Chomariyah; Andika Persada Putera; Adriano Adriano; Agung Pramono
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.v13i2.50602

Abstract

Hospitals, as healthcare providers, are legally required to offer safe, high-quality, and authorized medical services. Nonetheless, the employment of medical and healthcare staff lacking appropriate Registration Certificates and Practice Permits persists, presenting substantial dangers to patient safety and legal adherence. This study investigates the civil and criminal culpability of hospitals as corporate organizations for the employment of unlicensed medical staff. This study utilizes a normative legal research methodology, incorporating statutory and conceptual approaches, to analyze regulations related to health services, hospitals, and corporate liability in Indonesia, specifically Law Number 17 of 2023 concerning Health and the provisions on corporate criminal liability under the Indonesian Criminal Code. The results indicate that hospitals can be held civilly accountable for unlawful actions and under the doctrine of vicarious liability for damages incurred by patients as a result of improper medical practices. Furthermore, hospitals may face criminal culpability as companies if negligence, omission, or systemic management failures allow unlicensed individuals to deliver healthcare services. These findings underscore that the legality of medical professionals is a fundamental aspect of effective hospital governance. Enhancing internal licensing regulations and uniform law enforcement is crucial for guaranteeing legal certainty, safeguarding patients, and maintaining healthcare quality.
The Legal Status of Agio and its Implications for Shareholder Rights Under Indonesian Company Law Ivan Setiady
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.v13i2.51740

Abstract

Agio represents capital contributions made by shareholders exceeding the nominal value of shares, yet its legal status within Indonesian company law remains ambiguous. Although economically significant, agio is regulated implicitly in the elucidation of Article 8 paragraph (2) letter c of Law Number 40 of 2007 concerning Limited Liability Companies, creating uncertainty over its juridical consequences for shareholder rights. This article analyzes the legal status of agio in Indonesian company law and examines its implications for shareholder rights. Using a normative juridical method through statutory and conceptual analysis, this study evaluates the regulatory framework governing corporate capital and shareholder entitlements. The analysis finds that agio does not automatically confer additional rights beyond those attached to shares, producing a disconnect between economic contribution and legal entitlement that may generate disproportionate outcomes and shareholder disputes. Unlike prior studies that examine agio primarily from an accounting perspective, this article offers a normative legal analysis situating agio within the broader doctrinal debate on capital maintenance and shareholder protection. The article argues that clearer normative regulation is required to enhance legal certainty, fairness, and coherence in corporate capital arrangements.
International Legal Protection of the Traditional Fishing Rights of Indonesian Fishermen in Australia’s Fishing Zone Around Ashmore Reef Yanto M.P. Ekon; Melkianus Ndaomanu; Alfred Kase; Ellon B. Mau; Rian Van Frits Kapitan
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.v13i2.47817

Abstract

Indonesian traditional fishermen have been fishing in the Australian fishing zone since the early 1700s, and in 1974 Australia recognized this fishing right around Ashmore Reef, Cartier Islet, Scott Reef, Seringapatam Reef, and Browse Islet based on the MOU Box 1974, the MOU Concerning the Implementation of a Provisional Fisheries Surveillance and Enforcement Arrangement 1981, and the Agreed Minutes 1989. However, Australia has continued to arrest Indonesian fishermen exercising this right. This study analyzes why Indonesian fishermen fish in the Australian fishing zone, why Australia continues to arrest them despite having granted recognition, and what form of legal protection Indonesia should provide. This is normative legal research based on a study of documents international agreements, books, journals, and prior research as secondary data, analyzed qualitatively. The results show that Indonesian fishermen possess a traditional fishing right because the activity has been carried out from generation to generation and satisfies the elements of Article 51(1) of the 1982 UNCLOS, while Australia arrests them because Australia converted the zone into a national marine park, Indonesia and Australia define traditional fishing gear in a manner inconsistent with fishermen’s needs, and both countries have sought to stop the activity. Indonesia therefore needs to restore this traditional fishing right and establish a clear and appropriate definition of traditional fishing gear that matches fishermen’s needs and technological development.
Implementation of Mental Health Insurance for Workers and Civil Servants in Higher Education Environments in the Special Region of Yogyakarta Based on Labor Regulations and Civil Servant Regulations Nurmalita Ayuningtyas Harahap; Wiwin Budi Pratiwi; Jaan Pamuji
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.v13i2.48680

Abstract

The background to this problem is that the workload experienced by employees has the potential to impact mental health if not anticipated and is subject to repressive efforts from various parties. Mental health is crucial because it impacts service performance. The existing legal issue is the lack of specific regulations regarding mental health services for workers in Indonesia. The purpose of this study is to analyze the implementation of mental health insurance services for workers and civil servants in the higher education sector in the Special Region of Yogyakarta, and to discuss the factors that support and hinder the implementation of mental health insurance. This research is an empirical legal study regarding the implementation of mental health based on the application of employment regulations and personnel regulations, such as Law Number 40 of 2004 on the National Social Security System or Law Number 20 of 2023 on the State Civil Apparatus. Data collection techniques used questionnaires and interviews with informants. Respondents were selected using purposive sampling. Data analysis used descriptive qualitative techniques. The results show that there are no mental health services, such as regular consultations with professionals in the field of mental health, that are provided periodically to workers in PTN and PTS environments. The existence of these services is very important, as reflected in the statements that have been filled in by respondents, both workers at PTN and PTS in the Special Region of Yogyakarta.
Gender Inequality in Indonesian Marriage Law And the Islamic Legal Framework: Normative Challenges and Directions for Reform Jefry Tarantang; Hera Nugrahayu; Ibnu Elmi A.S. Pelu
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.v13i2.49913

Abstract

Amid global efforts to advance gender equality and human rights, marriage law in Indonesia continues to face challenges regarding power relations between husbands and wives. Indonesia’s plural legal system, combining state law and Islamic law, creates normative complexities that often legitimize gender inequality in marriage. This study critically examines provisions in the Indonesian Marriage Law and The Indonesian Codified Islamic Law (KHI) that may perpetuate discrimination against women, while addressing the difficulties of aligning national marriage law with international human rights standards. By applying a normative legal research method that integrates statutory and contextual analysis, this study utilizes legislation, court rulings, legal doctrines, and up-to-date scholarly literature as its primary sources.Findings show that legal norms frequently subordinate women, particularly in marital rights, divorce procedures, and family resource management, revealing a gap between formal law and substantive justice. The article argues that marriage law reform must move beyond symbolic changes to reconstruct norms grounded in gender equality, human rights, and family justice, contributing to debates on equitable legal frameworks in plural legal systems.
Labor Social Security System in Fulfilling the Rights of Contract Workers Mainita Mainita; Muhammad Heikal Daudy; Trio Yusandi
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.v13i2.48194

Abstract

Employment social security is an essential form of legal protection for workers, including contract workers who remain vulnerable to inadequate social security coverage and unequal employment protection. Although Indonesian legislation establishes employers’ obligations to provide employment social security, its implementation for contract workers remains imperfect. This study aims to examine the legal protection of employment social security for contract workers, identify the internal and external factors that hinder its implementation, and analyze the legal consequences for institutions that fail to enroll contract workers in employment social security. This study employs an empirical juridical method combining field research and library research. Primary legal sources include the 1945 Constitution, Law Number 13 of 2003 on Manpower, Law Number 40 of 2004 on the National Social Security System, Law Number 24 of 2011 on BPJS, and relevant implementing regulations. Data were obtained through interviews and analyzed qualitatively by comparing das sollen with das sein. The findings show that protection includes adequate income, occupational health insurance, freedom of association, and workplace safety, but implementation is hindered by internal and external barriers. Non-compliance may result in administrative sanctions. Stronger supervision, coordination, and institutional compliance are therefore required.

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