2024-03-29T11:28:52Z
https://ejournal.undip.ac.id/index.php/index/oai
oai:ojs.ejournal.undip.ac.id:article/33784
2023-05-11T09:27:00Z
lawreform:RES
nmb a2200000Iu 4500
"200927 2020 eng "
2580-8508
1858-4810
dc
Regulations Harmonization of Proposal and Stipulation of Special Economic Zone in Indonesia
Masnun, Muh Ali
Faculty of Law, Universitas Negeri Surabaya
Pratama, Radhyca Nanda
Faculty of Law, Universitas Negeri Surabaya
Harmonization; Proposals and Determining; Special Economic Zones.
The acceleration of economic development in Indonesia cannot be separated when the government implements a Special Economic Zone (KEK) policy by using legal instruments in it. The purpose of this study is to examine the harmonization of regulations related to the proposal and determination of SEZ in Indonesia. This study uses normative legal research, using primary and secondary legal materials. First analysis, the provisions of business entities as proposers for SEZ need to be reviewed because they have a cumulative meaning. Second, private business entities proposing SEZ need to be limited, especially in important areas relating to the life of the wider community. Third, the determination of SEZ by the government (Article) needs to pay attention to RTRW, protected forest areas, and / or analysis of environmental impacts. Fourth, stipulation without a proposal stage is contrary to the principle of kinship. Fifth, Article 8 of the UU KEK is inconsistent with the PP on the Implementation of SEZ and the 2011 Minister of Coordinating Ministry for Guidelines for SEZ Proposals. Sixth, the SEZ proposal by the Minister of Research, Technology and Higher Education needs to be scrutinized and analyzed in depth in the process of its determination.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2020-09-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/33784
LAW REFORM; Vol 16, No 2 (2020)
eng
Copyright (c) 2020 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/41743
2021-10-01T09:23:25Z
lawreform:RES
nmb a2200000Iu 4500
"210930 2021 eng "
2580-8508
1858-4810
dc
Criminology Study on the Circulation of the Sopi Traditional Liquor in the Villages of Zeith, Asilulu, and Kaitetu during the Covid-19 Pandemic
Sopacua, Margie Gladies
Faculty of Law, Universitas Pattimura Ambon https://scholar.google.com/citations?user=92crjbAAAAAJ&hl=id
Criminology; Traditional Liquor Circulation; The Covid-19 pandemic
The case of “sopi” traditional drink when consumed in a group gathering and party celebrations tends to cause chaos and commotion that disrupts activities or community harmony, especially in the villages of Zeith, Asilulu and Kaitetu during the covid-19 pandemic. The purpose of this paper was to examine and discuss the factors that cause the circulation of liquor in the villages of Zeith, Asilulu and Kaitetu (Kalauli sub-village) during this pandemic. The research method used was the empirical juridical method with an emphasis on legal theories and rules related to the problems studied and to the existing reality regarding what factors affect the society. This study showed that social control is an effort to prevent the circulation of traditional liquor in the form of sopi in the villages of Zeith, Asilulu and Kaitetu (Kalauli Sub-Village). Liquor is not only circulated among adults but has reached teenagers, and the factors that cause the circulation of this liquor during the covid-19 pandemic are economic, supervisory, and environmental factors. The most important of these three factors is economic factors. The efforts made in the distribution of traditional liquor in the villages of Zeith, Asilulu and Kaitetu during the pandemic are Pre-emptive and Preventive efforts.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2021-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/41743
LAW REFORM; Vol 17, No 2 (2021)
eng
Copyright (c) 2021 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/46636
2023-07-04T10:00:44Z
lawreform:RES
nmb a2200000Iu 4500
"220831 2022 eng "
2580-8508
1858-4810
dc
A Legal Analysis on Resolving Recently Growing Online Business Frauds in Bangladesh
Kabir, Md Adnan
School of Law, Chittagong Independent University
Online business; Frauds in Online Business; Laws and Provisions
In the recent time, the E-commerce sector has been facing serious challenges due to the fraudulent behaviors of a number of E-commerce businesses. Thousands of consumers have lost their money due to these fake transactions. The main purpose of this article is to help to mitigate online business frauds by reviewing the current legislation and regulations in Bangladesh. This research is a descriptive type of research and secondary data and information have been used for study purpose. The study has analyzed existing business laws and provisions, their applicability and deficiencies in reducing online business frauds and dangers. This study finds that there is no committed code or law establishing consumer rights in online businesses. The current laws have not been changed in such a way that online business matters can be handled properly. The study concludes that the legislature may amend existing laws and provisions and also they may consider some foreign countries provisions for taking actions against the fraudulent e-commerce as well as online business organizations. The outcomes of the present study obviously indicate that the risks of online business frauds directly affect consumer behavior when shopping online. Therefore, reducing these risks through undertaking just and proper laws and provisions can increase the trust of the online shopping consumers.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2022-07-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/46636
LAW REFORM; Vol 18, No 2 (2022)
eng
Copyright (c) 2022 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/61176
2024-03-25T07:46:14Z
lawreform:RES
nmb a2200000Iu 4500
"240229 2024 eng "
2580-8508
1858-4810
dc
Environmental Damage: Community Lawsuit Against The Government Over Industrial Business Licenses
Amiq, Bachrul
Faculty of Social and Law, Universitas Negeri Surabaya https://scholar.google.com/citations?user=DuyI5jsAAAAJ&hl=id&oi=ao https://orcid.org/0009-0006-4648-871X
Borman, M. Syahrul
Faculty of Law, Universitas Dr. Soetomo https://scholar.google.com/citations?user=Ps51YAUAAAAJ&hl=id&oi=ao https://orcid.org/0009-0008-9824-3946
Taufik, Moh
Faculty of Law, Universitas Dr. Soetomo https://orcid.org/0009-0001-5596-5251
Aranggraeni, Renda
Faculty of Law, Universitas Dr. Soetomo https://scholar.google.com/citations?user=EReoopgAAAAJ&hl=id&oi=ao https://orcid.org/0000-0002-6940-3524
Astuti, Pudji
Faculty of Social and Law, Universitas Negeri Surabaya https://scholar.google.com/citations?user=i6zvdcMAAAAJ&hl=id https://orcid.org/0000-0001-8385-026X
Aimim-Tham, Sukanya
Departement of Public Administration, Khon Kaen University
Aminah, Aminah
Faculty of Law, Universitas Diponegoro https://scholar.google.com/citations?user=UBGJiNIAAAAJ&hl=id&oi=ao
Sustainable Development; Good Governance; Administrative Law; Environmental Damage; Administrative Courts
Legal policies causing environmental damage raise questions about legal standing to file lawsuits with the State Administrative Court and its authority over business license disputes. This study examines the challenges and opportunities in implementing the authority of the state administrative court as a form of law enforcement on business licenses that impact environmental damage. This study uses the qualitative method NVivo12 Plus 12 by analyzing legal rules, journals, and online print media such as detik.com and kompas.com. The research focuses on the approach of laws and regulations related to the environment and case studies based on Supreme Court decisions. The Administrative Court plays a role in receiving claims against government actions that harm citizens. One of them is the authority to adjudicate disputes over government actions related to environmental disputes. Community participation is essential to create a healthy environment and is used not only as a means to an end but also as an end. The right to a healthy climate encompasses the right to receive environmental information, participate in decision-making, and review challenging public decisions within the scope of access to justice.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2024-02-29 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/61176
LAW REFORM; Vol 20, No 1 (2024)
eng
https://ejournal.undip.ac.id/index.php/lawreform/article/download/61176/197201
Copyright (c) 2023 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/53734
2024-02-05T08:23:38Z
lawreform:RES
nmb a2200000Iu 4500
"230929 2023 eng "
2580-8508
1858-4810
dc
Indonesia Government Sets Back: The Rule Of Law, Collaborative Governance And Human Right Challenges During Covid-19
Warsono, Hardi
Department of Public Administration, Faculty of Social and Political Sciences, Universitas Diponegoro https://orcid.org/0000-0002-0379-2053
Amaliyah, Anita
Department of Communication Study, Faculty of Social and Political Sciences, Universitas Tidar
Putranti, Ika Riswanti
Department of International relations, Faculty of Social and Political Sciences, Universitas Diponegoro
Iannone, Aniello
Università Di Napoli L'Orientale
COVID-19; Pandemic; Collaborative Governance; Human Right; Rule of Law; Society Resilience
The COVID-19 pandemic has taken mankind by surprise and has caused many governments to impose various rules and strategies to contain it. This article discusses the social impact of government policies during COVID-19, the role of agencies other than the government, and the importance of human rights. Collaborative Governance regime and theory are used to complement qualitative methods and for quantitative method, data collection techniques based on literature research, institutional reports, survey results from journals, online media, and print media, as well as the input of experts in focus group discussions. We found that 1) inconsistencies in policy; 2) lack of coordination and leadership; 3) trust issues; and (4) inequalities and injustice performances increased the pressure on social compliance. Our results indicate that the government needs to be more agile to accommodate, nurture and integrate social actors as governance partners in order to ensure its efficacy, resilience and compliance during this pandemic. The government needs to ensure that an inclusive approach is adopted in multi-dimensional channels so none is left behind and the collaborative governance framework in this pandemic war needs to be improved and implemented. In addition,the government should ensure equal treatment of human rights as specially in human safety in health and safety measures.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2023-09-29 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/53734
LAW REFORM; Vol 19, No 2 (2023)
eng
https://ejournal.undip.ac.id/index.php/lawreform/article/download/53734/173583
https://ejournal.undip.ac.id/index.php/lawreform/article/download/53734/173584
Copyright (c) 2023 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/37556
2021-05-05T11:15:30Z
lawreform:RES
nmb a2200000Iu 4500
"210331 2021 eng "
2580-8508
1858-4810
dc
Sharia Compliance in Micro Waqf Bank Business Activities: A Study of Protection of Consumer’s Spiritual Rights
Fitri, Winda
Faculty of Law, Universitas Internasional Batam
Sharia Compliance; Micro Waqf Bank; Spiritual Rights; Consumer protection
The emergence of conventional financial institutions before sharia financial institutions affects the development of the two financial institutions to be different. Another factor is the public's cynicism or skepticism towards Islamic financial institutions which assume that the two financial institutions are the same. Thus, the purpose of this study was to analyze the implementation of sharia compliance policies as an effort to improve the development of Islamic financial institutions and consumer protection in Indonesia. This research focused on the Micro Waqf Bank as a Micro Financial Institution that applies sharia principles using statutory and conceptual approaches. In Indonesia, the sharia compliance policy of the Micro Waqf Bank has been regulated in the laws and regulations related to Micro Financial Institutions. The implementation of sharia unity is an effort to reduce cynicism in Islamic financial institutions and to provide protection to consumers' special rights in the form of spiritual rights that every Muslim has to carry out his religion perfectly (kaffah). Sharia compliance policy is the result of the transformation of the DSN-MUI Fatwa into the form of legislation to make it more binding and applicable in the business activities of Micro Waqf Bank.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2021-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/37556
LAW REFORM; Vol 17, No 1 (2021)
eng
Copyright (c) 2021 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/43307
2023-07-04T10:00:44Z
lawreform:RES
nmb a2200000Iu 4500
"220816 2022 eng "
2580-8508
1858-4810
dc
Ayunda, Rahmi
Universitas Internasional Batam https://scholar.google.com/citations?hl=id&user=KqP5oQEAAAAJ
Internet is one of the media facilities that is not only used for communication, but is also used in the process of buying and selling or trading (e-commerce). Behind all the conveniences obtained, e-commerce also raises the issue of consumer concerns on the responsibility for personal data. This study aimed to examine and re-explain the urgency of protecting personal data of e-commerce consumers and focused on the challenges and legal certainty of protecting personal data of e-commerce consumers in Indonesia. The method used was a doctrinal research method. This study showed that the application of data in e-commerce provides many benefits. However, the challenge was the absence of binding laws to safeguard personal data submitted to e-commerce companies. Legal certainty for the protection of e-commerce consumers is currently contained in several laws and regulations. Therefore, it is necessary to improve the effectiveness in the implementation of personal data protection and to regulate the protection of personal data in a law. In Indonesia, the urgency of the ratification of the Personal Data Protection Bill may become a solution in providing legal certainty for the protection of e-commerce consumers on their personal data.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2022-07-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/43307
LAW REFORM; Vol 18, No 2 (2022)
ind
Copyright (c) 2022 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/53184
2024-02-05T08:23:38Z
lawreform:RES
nmb a2200000Iu 4500
"231124 2023 eng "
2580-8508
1858-4810
dc
Implementing of Restorative Justice to Build the Criminal Justice System in Indonesia: A Study of the Batak Toba Justice System
Rochaeti, Nur
Faculty of Law, Universitas Diponegoro https://scholar.google.co.id/citations?hl=id&user=wRKYpJUAAAAJ https://orcid.org/0000-0001-5238-3152
Prasetyo, Mujiono Hafidh
Faculty of law, Universitas Diponegoro https://scholar.google.co.id/citations?hl=id&user=9ud1TdEAAAAJ https://orcid.org/0000-0001-8257-9308
Park, Ji Hyun
Faculty of Law, Youngsan University
Implementing; Criminal Justice System; Restorative Justice; Toba Indigenous Peoples; Dalihan Natolu.
The pursuit of fairness and harmony between the realization of rights and duties is a cornerstone of human progress. Restorative justice case resolution represents an endeavor to introduce a non-punitive procedure into Indonesia's criminal justice system as part of its ongoing effort to modernize its legal framework. Restorative justice focuses on healing criminal behavior's harm and shattered relationships. This study examined the feasibility of implementing restorative justice aspects into a national criminal justice system, gaining inspiration from the Toba Batak Indigenous People. The methodology was socio-legal. Dalihan Natolu is recognized as an alternative conflict settlement method for Toba Batak. The traditional leader mediates in this conflict resolution. By Batak customary law, the imposition of sanctions is decided by customary judges or kings. Dalihan Natolu then tells the culprit not to repeat his behavior. Dalihan Natolu involves offenders, victims, families of offenders and victims, and other parties in seeking a fair settlement that emphasizes repair above retribution. This helps Dalihan Natolu solve criminal concerns. In indigenous cultures, customary institutions convene the parties engaged in a crime to provide counsel and find solutions that do not harm or profit only one side. Justice is served, and the victim is not harmed.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2023-09-29 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/53184
LAW REFORM; Vol 19, No 2 (2023)
eng
Copyright (c) 2023 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/37548
2021-05-05T11:15:29Z
lawreform:RES
nmb a2200000Iu 4500
"210331 2021 eng "
2580-8508
1858-4810
dc
The Hike in BPJS Kesehatan’s Premiums based on The principle of Justice in Service Regulation of Healthcare Insurance
Syahputra, Alfin Reza
School of Strategic and Global Studies, Universitas Indonesia
Munandar, Adis Imam
School of Strategic and Global Studies, Universitas Indonesia
Policy; BPJS; Justice
There have been a lot of complaints regarding the service received by the members of Healthcare and Social Security Administrative Body, or so called BPJS Kesehatan. This situation has been worsened with the hike in premiums of BPJS Kesehatan’s independent members stipulated in Presidential Regulations Number 75 / 2019 and The Amendment of Presidential regulation Number 82/2018 on Health insurance. After announcing the hike of BPJS Kesehatan premiums, the government must also improve the healthcare service to all the independent participants of BPJS Kesehatan. This study aimed to examine juridical review on the hike in BPJS’s Premiums based on the principle of justice on the policies of healthcare and social security. This study was conducted by applying normative juridical research method using statue approach and secondary data. According to the result of the research, Regulation Number 40 Year 2004 concerning National Social Insurance and Regulation Number 24 Year 2011 on the implementing agency of social insurance have applied the principle of justice in their policies. However, Presidential Regulation Number 75 Year 2019 “Presidential Regulation Number 82 Year 2018 on Health Insurance” has not implemented or reflected the principle of justice in its policies. In addition, the government reason to increase the payment of BPJS Kesehatan is that BPJS has been in financial deficit. In order to solve this problem, one of the solutions that the government can offer is to seek for other financial sources instead of putting the burden on the members of the social health insurance program.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2021-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/37548
LAW REFORM; Vol 17, No 1 (2021)
eng
Copyright (c) 2021 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/44154
2023-07-04T10:01:21Z
lawreform:RES
nmb a2200000Iu 4500
"220331 2022 eng "
2580-8508
1858-4810
dc
Titahelu, Juanrico Alforomona Sumarezs
Faculty of Law, Universitas Pattimura https://sinta.kemdikbud.go.id/authors/detail?id=6703465&view=overview
Moluccas is known as its “Pela-Gandong” culture, an old tradition where the local community live together hand in hand compassionate and respecting each other, maintaining kinship relation. Cases of Human Rights violation in 1999 and 2011 in Ambon have brought serious damage to the kinship relation of local community in Ambon. This study aims to examine and discuss legal responsibility for violence against humanity as a form of Human rights violation. This study used some approaches as legislations, case based approaches, and conceptual approaches. This study shows that criminal system in Indonesia is based on individual responsibility, however, the action done by a group or an organization is a crime against humanity. Legal responsibility for crimes against humanity as a form of Human Rights violations like what happened in Moluccas can be charged to the leader or the officials in the form of imprisonment. Meanwhile, punishment or sanction to the organization must be in the form of organization dissolution.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2022-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/44154
LAW REFORM; Vol 18, No 1 (2022)
ind
https://ejournal.undip.ac.id/index.php/lawreform/article/download/44154/136877
Copyright (c) 2022 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/52926
2023-08-11T08:27:10Z
lawreform:RES
nmb a2200000Iu 4500
"230331 2023 eng "
2580-8508
1858-4810
dc
The Conference of Parties - 27 (COP-27) Agreement As an Instrument of State Policy in Handling Deforestation: A Comparative Study of Sweden and Indonesian Governments
Mutawalli, Muhammad
Faculty of Sharia and Law, Universitas Islam Negeri Alauddin Makassar https://scholar.google.com/citations?hl=id&user=1dkIjbYAAAAJ&fbclid=PAAaYy6wyfSz6m_vTG6Q0Y6yOwwnU6-ug8NrG7xlwlR-Qacf0xrPcCehIPi4U https://orcid.org/0000-0003-4286-6964
Ayub, Zainal Amin
School of Law, Universiti Utara Malaysia https://scholar.google.com/citations?user=A5O5zhUAAAAJ&hl=en
Maskun, Maskun
Faculty of Law, Universitas Hasanuddin https://scholar.google.com/citations?hl=en&user=pBtDiEUAAAAJ
Napang, Marthen
Faculty of Law, Universitas Hasanuddin
Cop-27; State Policy Instrument; Deforestation
The climate crisis is a threat to countries in the world. One of the factors causing the climate crisis is deforestation. Indonesia as the third largest tropical forest country in the world certainly has an impact on the world's climate. Indonesia is a victim of deforestation, moreover reforestation of forest land does not match the rate of deforestation. This research is a normative legal study, using comparative, conceptual, and regulatory approaches. This study discusses the implementation of the Conference of Parties - 27 (COP-27 ) agreement as the basis for establishing policy instruments in Indonesia in dealing with deforestation and looks at Sweden as a comparison in handling deforestation through a policy instrument scheme. This study found that Sweden, through its green politics concept, was able to control the harvesting and utilization of forest products effectively. COP-27 has environmental control principles, one of which is the global net zero principle, namely the earth's temperature is no more than 1.5 degrees. it is hoped that the principles in COP-27 will guide the Indonesian government in making legal policy instruments for environmental management, especially handling deforestation. This research suggests that, like Sweden's green politics, Indonesia needs to present strategic policies through the Green Environmentally Concept policy through policy instruments, be it through laws and regulations, government regulations, or presidential regulations to the level of regional regulations.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2023-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/52926
LAW REFORM; Vol 19, No 1 (2023)
eng
Copyright (c) 2023 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/33774
2023-05-11T09:27:03Z
lawreform:RES
nmb a2200000Iu 4500
"200927 2020 eng "
2580-8508
1858-4810
dc
The Implementation of Establishing Marine Protected Area: Lessons Learned From Raja Ampat to Achieve Sustainable Fishery
Wartini, Sri
Faculty of Law, Universitas Islam Indonesia
Coral Triangle; Marine Protected Area; Sustainable Fishery and Sustainable Development.
Raja Ampat has one of the world’s richest coral reef, because it is located in the heart of the coral triangle. However, due to human activities, such as overfishing, shipping as well as climate change has caused serious impacts to the existence of the coral reef and its habitats. As the member of the United Nations Law of the Sea Convention and the Biodiversity Convention, Indonesia has obligation to establish Marine Protected Areas (MPAs). The research aims to analyze comprehensively the implementation of establishing the MPA in Indonesia based on international and national law perspective and to examine whether the existence of the MPA in Raja Ampat can be used as a model to develop MPA in other area to achieve sustainable fishery. This study is a normative juridical research by applying conceptual and statutory approaches. The result of the research finds that the establishing of MPA in Raja Ampat has been successfully achieved sustainable Fishery as part of sustainable development. However, there are some challenges that have to be addressed, such as lack of monitoring in the MPAs due to the limitation of the budget as well as the illegal unreported and unregulated fishing conducted by the people outside indigenous community Thus, it is necessary to conduct monitoring cooperation among the MPAs.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2020-09-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/33774
LAW REFORM; Vol 16, No 2 (2020)
eng
Copyright (c) 2020 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/41747
2021-10-01T09:23:25Z
lawreform:RES
nmb a2200000Iu 4500
"210930 2021 eng "
2580-8508
1858-4810
dc
Juridical Overview on the Inconsistency of Prohibition to be the Member of Political Parties for the Members of Public Institutions
Julian, Fajar Prima
Master of Law Program, Faculty of Law, Universitas Diponegoro
Herawati, Ratna
Faculty of Law, Universitas Diponegoro
Inconsistency; Political parties; Public institutions
The creation of a justice in the life of the nation and state must be supported by regulations that do not conflict with other regulations. The prohibition to join a political party for administrators of public institutions is in conflict with higher regulations. The article is considered contrary to the principle of "Equality before the Law" when viewed from the aspect of equal concern put forward by Ronald Dworkin. The purpose of this research was to analyze the inconsistency of the prohibition article for members of public institutions to join political parties and to explain the legal implications for the public institutions when they do not comply with these regulations. The method used was normative juridical with descriptive analytical research specifications, and the type of the data were secondary data. The data analysis was conducted qualitatively. Political rights are part of the human rights owned by a person who should not be limited by discriminatory treatments. In fact, there are still restrictions on these political rights which are detrimental to a person from contributing to become the administrator of a public institution. The contents of conflicting articles cause the public institutions to have a crisis of law compliance, is actually a hierarchical harmony between laws and regulations in Indonesia.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2021-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/41747
LAW REFORM; Vol 17, No 2 (2021)
eng
Copyright (c) 2021 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/47415
2023-07-04T10:00:44Z
lawreform:RES
nmb a2200000Iu 4500
"220831 2022 eng "
2580-8508
1858-4810
dc
Administrative Enforcement of Food Safety Regulation in Indonesia: Loopholes and Recommendations
Putri, Stephanie Apsari
School of Law, University of Wollongong
Food safety; Regulation; Administrative; Enforcement
Food safety regulation requires adequate resources. Due to its complexity, food safety regulation needs multidisciplinary stakeholder intervention. The National Agency for Drug and Food Control (NADFC) as the appointed body encountered problems in law enforcement works with other food safety-related bodies. The discussion focuses on the administrative enforcement of food safety regulation in Indonesia and these shortcomings is followed with analysis of some possible solutions. However, their performances are hampered by several issues. This research is conducted with a desktop study of information obtained from primary and secondary sources. Also, to get some insights to improve the administrative enforcement in Indonesia, this study is carried out using comparative method. Therefore, the New South Wales (NSW) laws, regulations, policies, and principles are analysed. This study finds that the drawbacks of the administrative enforcement of food safety regulation in Indonesia is caused by limited enforcement funding; lack of community knowledge and awareness towards food safety; lack of competent food inspectors; and lack of coordination between food safety administrative bodies. Some recommendations have been proposed, namely applying industry funding; implementing food hygiene rating; establishing enforcement guidelines; and appointing a single coordinating body for food safety.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2022-07-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/47415
LAW REFORM; Vol 18, No 2 (2022)
eng
Copyright (c) 2022 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/61779
2024-03-25T07:46:14Z
lawreform:RES
nmb a2200000Iu 4500
"240325 2024 eng "
2580-8508
1858-4810
dc
Optimizing the Role of State Administrative Court Decisions in State Financial Recovery
Yulius, Yulius
Supreme Court of the Republic of Indonesia.
Utama, Yos Johan
Faculty of Law, Universitas Diponegoro https://scholar.google.com/citations?user=NILJo8IAAAAJ&hl=id&oi=ao
State Finance, Decision, State Administrative Court.
The government has significant authority in managing state finances, demonstrated by its ability to enact laws and to take public legal action through government decisions and actions. A number of authorities are inextricably linked to the measures taken to ensure that state finance can fund all state expenditures related to achieving development goals. This considerable power may violate citizens' rights due to the decisions or actions of the state finance manager. The community whose rights are jeopardized may file a lawsuit or petition the Administrative Court. The Administrative Court Decision must be able to synthesize public demands with the stability of the state finance to ensure that justice and legal order are fulfilled for the benefit of the state and people. This research is a normative legal research with statutory and conceptual approaches. This research concludes that the Administrative Court decision has enforced the law and harmonized and actualized the national legal system regarding state finances. It is also highly correlated with state financial stability because its value is immense and can affect the state's cash balance.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2024-02-29 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/61779
LAW REFORM; Vol 20, No 1 (2024)
eng
Copyright (c) 2024 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/15761
2022-09-06T03:20:03Z
lawreform:RES
nmb a2200000Iu 4500
"150331 2015 eng "
2580-8508
1858-4810
dc
ASPEK HUKUM KEBIJAKAN GEOTHERMAL DI INDONESIA
Azhar, Muhamad
FAKULTAS HUKUM UNIVERSITAS DIPONEGORO http://orcid.org/0000-0002-7562-7137
Suhartoyo, Suhartoyo
FAKULTAS HUKUM UNIVERSITAS DIPONEGORO
Geothermal Energi; Kebijakan Pemerintah; Ketahanan Energi Nasional
Penelitian ini bertujuan untuk mengetahui aspek hukum kebijakan pemerintah Indonesia dalam menguasai, mengatur hingga mengelola Geothermal Energi dalam bentuk kebijakan. Selain itu juga untuk menguraikan upaya hukum apa yang telah dilakukan yang berdasarkan berdasarkan peraturan perundang-undangan yang berlaku dikaitkan dengan rangka pembangunan ketahanan energi nasional. Penelitian ini menggunakan metode pendekatan yuridis normatif, dengan jenis penelitian eksplanatoris, serta menggunakan sumber data sekunder yaitu dari peraturan perundang-undangan yang berlaku dan bahan lain penjelas dari peraturan tersebut. Metode pengumpulan data dilakukan melalui studi literatur atau melalui studi kepustakaan untuk mendapatkan bahan hukum primer, sekunder maupun tersier. Hasil penelitian menunjukan bahwa upaya pemerintah Indonesia dalam memanfaatkan Geothermal Energi masih belum optimal sehingga belum dapat mendukung ketahanan energi nasional. pemanfaatan geothermal energi dalam rangka ketahanan energi nasional belum sepenuhnya maksimal jika dikaitkan dengan upaya hukum yang dilakukan oleh pemerintah selama ini. Energy panas bumi hanya termanfaatkan sejulam 05 % dari keseluruhan sumberdaya panas bumi yang dimiliki oleh pemerintah Indonesia. Kedepan, sudah saatnya pemerintah mulai mengoptimalkan pengelolaan Geothermal Energi demi terwujudnya pembangunan ketahanan energi nasional.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2015-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/15761
LAW REFORM; Vol 11, No 1 (2015)
eng
Copyright (c) 2017 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/37558
2021-05-05T11:15:30Z
lawreform:RES
nmb a2200000Iu 4500
"210331 2021 eng "
2580-8508
1858-4810
dc
Comparation of The Transfer of Land Rights to The Description Deed of Inheritance Rights
Wijayanti, Tania
Faculty of Law, Universitas Sebelas Maret
Muryanto, Yudho Taruno
Faculty of Law, Universitas Sebelas Maret
Darori, M. Irnawan
Faculty of Law, Universitas Sebelas Maret
Transfer of Land Rights; Inheritance; and Chinese
Marriages are carried out by mixed ethics, so it is very difficult to know whether there are ethnics of Chinese, foreign-Eastern or indigenous groups in a cpopulation. This study aims to determine the legal certainty of a certificate of inheritance for Indonesian citizens of Chinese descent. The research method used is normative juridical. The results of the research and the conclusions show that the notary is the only official authorized to make an authentic deed, namely a certificate of inheritance rights for Indonesian citizens of Chinese descent in accordance with Article 15 of the UUJNP. Comparison of Arrangements for Transfer of Land Rights to Deeds of Inheritance Rights of Chinese Descendants In ASEAN countries, namely Malaysia, that the distribution is contained in Article 6 of the Distribution Act 1958 jo. (Amendment) Act 1997 One of Article 6 (1), then in Turkey Article 35 of the Land Registry Law No 2644 / 1934my which gives foreigners the right to acquire land in Turkey and is subject to legal provisions governing restrictions and prohibitions.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2021-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/37558
LAW REFORM; Vol 17, No 1 (2021)
eng
Copyright (c) 2021 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/46673
2023-07-04T10:00:44Z
lawreform:RES
nmb a2200000Iu 4500
"220816 2022 eng "
2580-8508
1858-4810
dc
The Implementation of Land Waqf Law in Indonesia and Malaysia as a Stage to Land Waqf Law Reform in Indonesia: A Comparative Study
Hakimah, Asma
Faculty of Law, Universiti Kebangsaan Malaysia https://scholar.google.com/citations?hl=id&user=q6rALYkAAAAJ
Marom, Ruzian
Faculty of Law, Universiti Kebangsaan Malaysia
Islamiyati, Islamiyati
Faculty of Law, Universitas Diponegoro https://ejournal.undip.ac.id/index.php/lawreform/user/profile
Musyafah, Aisyah Ayu
Faculty of Law, Universitas Diponegoro
Budiman, Achmad Arief
Faculty of Sharia and Law, Universitas Islam Negeri Walisongo Semarang https://scholar.google.com/citations?hl=id&view_op=search_authors&mauthors=Achmad+Arief+Budiman&btnG=
Comparative Study; Law Reform; Land Waqf.
Legal problems in the implementation of land waqf in the community are found in; wakif, status of waqf land, nadzir, wakif heirs, nadzir heirs, and land waqf institutions. Therefore, it is very important to conduct a research on A Comparative Study on the Implementation of Land Waqf Law in Indonesia and Malaysia as a Stage to Land Waqf Law Reform in Indonesia to analyze land waqf practices in Indonesia and Malaysia, then to compare and identify their similarities and differences. This research can provide ideas for the government in updating the land waqf law. This study used a comparative approach. The research data include primary and secondary data. The data were analyzed qualitatively. The results showed that there are some similarities of land waqf practices in Indonesia and Malaysia. These similarities are found in terms of ; its legal basis; forms of wakif and nadzir; as well as the position of the land waqf witness. Meanwhile, the difference lies in; land waqf management practices; government policy on waqf institutions; allotment, term, and settlement of land waqf disputes. By comparing Malaysian and Indonesia land waqf law practices, Indonesia can renew the land waqf law on the aspects of its legal rules and legal institutions.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2022-07-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/46673
LAW REFORM; Vol 18, No 2 (2022)
eng
https://ejournal.undip.ac.id/index.php/lawreform/article/download/46673/147099
Copyright (c) 2022 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/52866
2024-02-05T08:23:38Z
lawreform:RES
nmb a2200000Iu 4500
"231206 2023 eng "
2580-8508
1858-4810
dc
Implications Of Illegal Community Mining For Economic Development In Bangka Regency, Indonesia
Rahayu, Derita Prapti
Faculty of Law, Universitas Bangka Belitung https://scholar.google.co.id/citations?user=9qh5XWYAAAAJ&hl https://orcid.org/0000-0003-1457-3312
Rahayu, Sri
Faculty of Law, Universitas Jambi https://scholar.google.com/citations?hl=id&user=Fv2lb3EAAAAJ
Faisal, Faisal
Faculty of Law, Universitas Bangka Belitung https://scholar.google.com/citations?user=IySv1e0AAAAJ&hl=id https://orcid.org/0000-0003-1336-0120
Wulandari, Cahya
Faculty of Law, Universitas Negeri Semarang
Hasan, Muhamad Sayuti
Faculty of Law, Universiti Kebangsaan Malaysia
Tin Mining; Illegal Community Mining; Economic Impact; Development
The Kepulauan Bangka Belitung Province, Indonesia, is renowned for its extensive history of tin mining, a pivotal component of the local economy. Notably, this mining encompasses operations conducted by both corporate entities and individual community members, shaping the region's socio-economic landscape. This research seeks to investigate the multifaceted implications of community-led tin mining activities in Bangka Belitung. Employing a qualitative and socio-legal approach, the study underscores its significance in the acquisition of high-quality data derived from site visits, comprehensive surveys, and interviews with the diverse local community, encompassing various subsistence groups and socio-economic backgrounds. Our findings indicate that individual community mining activities have indeed contributed positively to the economic growth of the Kepulauan Bangka Belitung Province, particularly in the Bangka Regency. However, they also manifest negative repercussions in terms of illegal mining, which adversely affects state revenue due to unregistered taxpayers. Furthermore, these activities hinder human resource development and highlight a deficiency in the supervision of reclamation efforts undertaken by artisanal mining operators. Therefore, the study emphasizes the imperative for government intervention, focusing on community mining permits to enforce reclamation regulations and ensure sustainable, responsible mining practices.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2023-09-29 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/52866
LAW REFORM; Vol 19, No 2 (2023)
eng
Copyright (c) 2023 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/37550
2021-05-05T11:15:30Z
lawreform:RES
nmb a2200000Iu 4500
"210331 2021 eng "
2580-8508
1858-4810
dc
Criminal Law Policy of Justice Collaborator in Corruption Crime Case
Nugroho, Khrisna Lintang Satrio
Master of Law Program, Faculty of Law, Universitas Airlangga
Criminal Law Policy; Justice Collaborator; Corruption Crime
Trial of criminal law cases is highly important to prove misconduct in a case. In respect to the evidence of corruption criminal act, an insider is needed as a perpetrator of the offence who works with the investigators, or usually called justice collaborator. The main focus of this study is to examine criminal law policy on the concept of justice collaborator in corruption criminal act and how the legal punishment is for justice collaborators in corruption criminal act. This study is a descriptive research using juridical normative approach. Data used in this study were secondary data. Case study approach was applied in this study. This means that the researcher makes a comparison of cases on the implementation of justice collaborator which is based on a study of a verdict. According to the result of the research, it is indicated that up to now there has not been conformity in terms of legal regulations or interpretation of the concept of Whistle blower and Justice Collaborator. There has not been mutual understanding in terms of the conviction of the perpetrator who is willing to work with the investigators to uncover a corruption criminal act. This leads to disparity in the making of verdict for the offender.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2021-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/37550
LAW REFORM; Vol 17, No 1 (2021)
eng
Copyright (c) 2021 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/44712
2023-07-04T10:01:21Z
lawreform:RES
nmb a2200000Iu 4500
"220331 2022 eng "
2580-8508
1858-4810
dc
Alternative Criminal Punishments for the Settlement of Misdemeanor in a Social Justice Perspective
Zulyadi, Rizkan
Faculty of Law, Universitas Medan Area https://scholar.google.com/citations?hl=id&user=SwtKHGUAAAAJ https://orcid.org/0000-0003-2665-6502
Hossain, Mohammad Belayet
School of Law, Universiti Utara Malaysia https://orcid.org/0000-0002-8807-6290
Alternative Punishment; Criminal Law; Social Justice; Misdemeanor.
The national law has a clear vision to realize a just and democratic rule of law. Criminal legal system serves to protect the interests of the society and the nation. Criminal law enforcement nowadays is no longer directed at enforcing crimes, but also to cope with humanitarian interest in criminal actions, especially when it has to defend against misdemeanor. This paper aims to analyze the current dynamics in how Indonesian criminal law contextualize its existence in facing misdemeanor. By using juridical and normative approach with descriptive analytical technique, the results showed inadaptability of criminal law with misdemeanor cases. The results highlight that as a complex part of socio-economic and legal problem, misdemeanor is dynamically challenging legal system and criminalization. This study demonstrated the need for alternative penalties for minor crimes as an integral part of reforming the Indonesian Criminal Code. More specifically, this study shows several requirements that need to be met in the legalization of alternative criminal penalties for minor crimes. In addition, alternative punishments can provide benefits to the community, such as involving criminals in community service and unpaid work. The recommendations are pointed out regarding the application of alternative criminal penalties for minor crimes.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2022-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/44712
LAW REFORM; Vol 18, No 1 (2022)
eng
Copyright (c) 2022 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/52697
2023-08-11T08:27:10Z
lawreform:RES
nmb a2200000Iu 4500
"230427 2023 eng "
2580-8508
1858-4810
dc
Legal Construction of Crypto Assets as Objects of Fiduciary Collateral
Mulyani, Sri
Faculty of Law, Universitas 17 Agustus 1945 Semarang https://scholar.google.com/citations?hl=en&user=sl48ZgcAAAAJ
Mariyam, Siti
Faculty of Law, Universitas 17 Agustus 1945 Semarang
Trung Le, Hieu Hong
Van Lang University
Legal Construction; Crypto Assets; Fiduciary Collateral Object
Crypto assets have become the commodities traded on the Futures Exchange. Based on the data from the Ministry of Trade, the number of crypto asset investors in Indonesia will reach 11 million people by the end of 2021. The high level of crypto investment and public interest in crypto as a digital asset provide excellent opportunities for Indonesia's digital industry and economic growth. This research will discuss the use of crypto assets as objects of fiduciary collaterals and the legal framework used as a legal basis for crypto assets subject to fiduciary collaterals. The research methodology is normative juridical applied using a comparative approach to the laws in Indonesia and Vietnam because the rules regarding crypto assets in Vietnam are clearer. The data collected were secondary data, and the they were analysed using qualitative data analysis. The results of the study show that crypto assets are intangible movable objects that have economic value and can be transferred due to an agreement through each user's account so that conceptually crypto assets can be used as fiduciary collateral objects. However, considering that crypto assets are digital currencies cannot be predicted, legal protection for creditors holding crypto asset collaterals is still weak. In addition to the absence of regulations that specifically regulate crypto assets that can be used as objects of fiduciary collateral, there are also difficulties in execution, so there is a need for a construction legal umbrella that regulates crypto assets to be used as fiduciary collateral objects.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2023-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/52697
LAW REFORM; Vol 19, No 1 (2023)
eng
https://ejournal.undip.ac.id/index.php/lawreform/article/download/52697/0
https://ejournal.undip.ac.id/index.php/lawreform/article/download/52697/168683
https://ejournal.undip.ac.id/index.php/lawreform/article/download/52697/168684
Copyright (c) 2023 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/33775
2023-05-11T09:27:06Z
lawreform:RES
nmb a2200000Iu 4500
"200927 2020 eng "
2580-8508
1858-4810
dc
Optimizing Health Protocol Enforcement during the Covid-19 Pandemic
Mustamu, Julista
Faculty of Law, Universitas Pattimura
Bakarbessy, Andress D
Faculty of Law, Universitas Pattimura
Health Protocol; Covid-19 Pandemic; Policy Formulation.
The effort of the prevention and countermeasures in order to break the chain of transmission of Corona Virus Disease 2019 (Covid-19), it needs to be done in an integrated and comprehensive manner from various aspects of governance, health, socio-cultural and economic aspects. As part of the state of public health emergencies and has beeb designated as a non natural disaster, the regional goverment has the authority to take preventive and countermeasures actions primarily in the enforcement of health protocol during the Covid-19 pandemic in accordance with statutory provinsions. The research objective is to understand the enforcement of health protocols during the Covid-19 pandemic. The research method used is juridical-normative with a statutory approach and a conceptual approach to analyze problems qualitatively. The results and discussion concluded that The formulation of policies and formation of regional legal product that from the basic of legitimacy as well as the basic of legality to act for local goverments in the efoort to optimize the enforcement of prtococols during the Covid-19 pandemic, certaily need to develop specific policy formulation models and becemo a reference for local goverments in policy formulations and formulation reginal legal product in the enforcement of the Covid-19 health protocol. Policy formulation and formation of regional legal product in the enforcement of the Covid-19 health protocol include, and a review of the stages of policy formulation
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2020-09-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/33775
LAW REFORM; Vol 16, No 2 (2020)
eng
Copyright (c) 2020 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/41749
2021-10-01T09:23:26Z
lawreform:RES
nmb a2200000Iu 4500
"210930 2021 eng "
2580-8508
1858-4810
dc
Urgency of Law Amendment as Foundation of The Implementation of Cyber Notary
Alincia, Devi
Faculty of Law, Universitas Tarumanagara
Sitabuana, Tundjung Herning
Faculty of Law, Universitas Tarumanagara
Validity; Cyber Notary; Notaries.
The concept of Cyber Notary in Indonesia is influenced by the advance of technology, the need of the society, and the way people think. Cyber notary is mentioned in the amended Law on Notary (Amended UUJN) in the form of other authorities, which is to certify transaction made electronically (cyber notary). However, in the level of legal practice, cyber notary’s authority is not performed effectively by notaries in real practice. This study aimed to examine the aspect of legal certainty of cyber notary and how far the chance of UUJN’s Amendment is able to provide certainty for the implementation of cyber notary. This study was conducted using normative legal research method, a descriptive method, through statute approach and history approach. The result of this research shows that: first, notary’s authority in cyber notary is merely to legalize an electronic document and privately made deed. The second, the certification of a transaction which is done electronically (cyber notary) by Notary has validity or legally valid and is not against the principle of Tabellionis Officium Fidelliter Exercebo because during the process notaries is present directly. Based on the result of this study, the suggestion that can be given is that it is necessary to amend UUJN and to formulate implementing regulation of the mechanism of notary’s authority to certify electronic transaction.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2021-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/41749
LAW REFORM; Vol 17, No 2 (2021)
eng
Copyright (c) 2021 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/2770
2016-10-31T13:36:40Z
lawreform:RES
oai:ojs.ejournal.undip.ac.id:article/33769
2023-05-11T09:26:51Z
lawreform:RES
nmb a2200000Iu 4500
"200927 2020 eng "
2580-8508
1858-4810
dc
Law Enforcement in The Handling of People Smuggling Crime in Indonesia
Siahaan, Herbin Marulak
Doctor of Law, Faculty of Law, Universitas Diponegoro
Law Enforcement; Transnational Organized Crime; People Smuggling.
People Smuggling is a rising phenomenon of Transnational Organized Crime. Indonesia has taken an important step to combat this phenomenon by ratifying the UN Protocol against Smuggling of Migrants which set of key obligations relating to People Smuggling. This normative legal research aims to identify and discuss the challenges to convert these obligations into practical outcomes. The research results show some practical challenges for the law enforcement agencies responsible for combating people smuggling which includes a number of issues that relate to the prosecutions of migrant smugglers and to the dismantling of smuggling networks. Therefore, it is necessary to have a model of law enforcement in handling a crime as complex as people smuggling by improving the legal substance, the legal structure as well as the community participation in regional perspectives.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2020-09-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/33769
LAW REFORM; Vol 16, No 2 (2020)
eng
Copyright (c) 2020 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/41736
2021-10-01T09:23:25Z
lawreform:RES
nmb a2200000Iu 4500
"210930 2021 eng "
2580-8508
1858-4810
dc
Crime Combating Policy of Carding in Indonesia in the Political Perspective of Criminal Law
Adhi, Muhammad Isnaeni Puspito
Master of Law Program, Faculty of Law, Universitas Diponegoro
Soponyono, Eko
Faculty of Law, Universitas Diponegoro
Crime Prevention Policy; Cards; Criminal law.
The development and progress of science and technology lead to the emergence of cybercrime. One form of cybercrime is carding. Carding is a crime of using or stealing other people's credit cards through cyberspace. This paper discusses the process of criminal law enforcement against carding crimes based on current positive law and future carding crime prevention policies in terms of the political perspective of criminal law. The method used was a normative juridical research method. The discussion shows that criminal law enforcement efforts against carding crimes have been regulated through the Law on Information and Electronic Transactions, but these arrangements cannot overcome carding crimes in Indonesia, so there is a need for a formulation policy that specifically regulates carding crimes. The policy of dealing with carding crime in the future is reviewed from the perspective of criminal law politics, namely through penal and non-penal efforts. Efforts should be made to socialize cyber law for the people of Indonesia that can support the use of credit cards as a means of payment in online transactions in a responsible manner and have a strong legal basis.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2021-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/41736
LAW REFORM; Vol 17, No 2 (2021)
eng
Copyright (c) 2021 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/46275
2023-07-04T10:00:44Z
lawreform:RES
nmb a2200000Iu 4500
"220816 2022 eng "
2580-8508
1858-4810
dc
The Supreme Court's Authority: Judicial Review of Statutes and By-Laws of Political Parties against Laws
Bachmid, Fahri
Faculty of Law, Universitas Muslim Indonesia https://scholar.google.com/citations?hl=id&user=lG-dxpQAAAAJ
Rachmitasari, Diani Indah
Faculty of Spatial Sciences, University of Groningen
Judicial Review; Laws and Regulations; Political Parties; Statutes and By-Laws; Supreme Court's Authority.
This study aims to analyze the essence of the Supreme Court’s authority for judicial review of Statutes and By-Laws of Political Parties against Laws. This study is normative legal research. Technical analysis used in this research is a hermeneutic analysis method and interpretation. The results of this study indicate several conclusions. First, Political Parties as the public legal entity are present in all aspects of government and have an essential contribution to determining the direction of state administration development in Indonesia. Second, enactment of the Statutes and By-Laws of Political Parties based on the Decision of the Minister and announced in the Bulletin of the Gazette of the Republic of Indonesia. In this case, the Statutes and By-Laws of Political Parties are laws and regulations below laws and the Decision of the Minister. Third, the Supreme Court must carry out its supervisory functions, including judicial review of the Statutes and By-Laws of Political Parties contradicting the Law on Political Parties. Therefore, it is recommended that the Supreme Court exercise broad powers as judge-made law, especially in dealing with issues classified as complex cases, such as the issue of the Statutes and By-Laws of Political Parties. In this case, to realize justice as a law that lives in society and develops dynamically.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2022-07-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/46275
LAW REFORM; Vol 18, No 2 (2022)
ind
Copyright (c) 2022 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/58639
2024-02-05T08:23:38Z
lawreform:RES
nmb a2200000Iu 4500
"240112 2024 eng "
2580-8508
1858-4810
dc
Quo Vadis Traditional Cultural Expressions Protection: Threats from Personal Intellectual Property and Artificial Intelligence
Dharmawan, Ni Ketut Supasti
Faculty of Law, Universitas Udayana https://scholar.google.com/citations?user=RjuQWu8AAAAJ&hl=en&authuser=1 https://orcid.org/0000-0002-2943-7869
Kasih, Desak Putu Dewi
Faculty of Law, Universitas Udayana https://scholar.google.com/citations?user=u3VPxfUAAAAJ&hl=en&oi=ao
Samsithawrati, Putu Aras
Faculty of Law, Universitas Udayana https://scholar.google.com/citations?user=Og7JOR0AAAAJ&hl=id https://orcid.org/0000-0003-3535-7846
Dwijayanthi, Putri Triari
Faculty of Law, Universitas Udayana https://scholar.google.com/citations?pli=1&authuser=1&user=hmEMiawAAAAJ https://orcid.org/0000-0002-1782-1636
Salain, Made Suksma Prijandhini Devi
Faculty of Law, Universitas Udayana https://scholar.google.com/scholar?hl=id&as_sdt=0%2C5&q=suksma+prijandhini&oq=suksm https://orcid.org/0009-0006-7237-7626
Mahaswari, Mirah
School of Social Science, Faculty of Arts, Monash University https://scholar.google.com/citations?hl=en&authuser=1&user=4MtkGwoAAAAJ https://orcid.org/0009-0004-1058-6882
Ustriyana, Made Grazia
Nishimura & Asahi
Moisa, Robert Vaisile
National University of Political and Administrative Studies https://scholar.google.com/citations?user=s5meEYoAAAAJ&hl=ro
Countervailing Measures; Threats; Traditional Cultural Expressions
Legal certainty for Communal Intellectual Property protection on the inventory and record-keeping arrangements in terms of ownership proof in Indonesia, has increasingly been regulated in various regulations. However, threats are also growing. Traditional Cultural expression works are easily turned into personal video works. Along with that, such works are also vulnerable as those are easily threatened by Artificial intelligence’s ability to express works made from previous works of art such as paintings. This article aims to analyze Traditional Cultural Expressions protection which are transformed or adapted into personal works or works made by Artificial Intelligence and the measures to overcome these threats. The results show that referring to Government Regulation 56/2022, the commercial use of Traditional Cultural Expressions works both in the form of adaptation and transformation by individual humans and Artificial Intelligence is required to obtain a permit and pay attention to the distribution of benefits which will further be determined by the Minister. However, regulations on this mechanism has not been explicitly regulated. Measures to overcome threats can be made through measures to turn threats into opportunities and strengths. It is also relevant to prioritize countervailing measures, namely by following the pattern of threats as a balancing act.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2023-09-29 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/58639
LAW REFORM; Vol 19, No 2 (2023)
eng
Copyright (c) 2023 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/48393
2023-08-11T08:27:10Z
lawreform:RES
nmb a2200000Iu 4500
"230809 2023 eng "
2580-8508
1858-4810
dc
Legal Certainty in Land Rights Acquisition in Indonesia’s National Land Law
Widiyono, Try
Faculty of Law, Universitas Islam Jakarta https://scholar.google.co.id/citations?hl=id&user=F5u5gDUAAAAJ&view_op=list_works&sortby=pubdate https://orcid.org/0009-0001-5527-4717
Khan, Md Zubair Kasem
Baruch College, City University of New York https://scholar.google.co.id/citations?hl=id&user=l3VMI5MAAAAJ&view_op=list_works&sortby=pubdate https://orcid.org/0000-0001-6154-2469
Land Rights; Land Acquisition; Legal Certainty; National Land Law
Acquisition of land rights has been a protracted issue due to the complexity of land laws and regulations in Indonesia. This situation often leads to illegal land disputes and conflicts. This research investigated the aspect of legal certainty in land rights based on Indonesian laws and regulations. This study focused on the aspects of legal certainty in several laws and regulations related to land rights and examined the implications of the Law on Land Acquisition and Government Regulations (PP) of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration. The research methods involved a qualitative approach with a normative and juridical approach. The research results highlight significant progress in recent regulations, such as the Perppu Cipta Kerja 2022 and PP 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration, regarding more efficient and transparent procedures in providing legal certainty in obtaining the rights above ground. This finding implies the need for continuous improvement to strengthen legal certainty and to protect the rights of all parties. This research emphasizes the importance of harmonizing laws and regulations to create a conducive environment for the responsible and sustainable acquisition of land rights in Indonesia.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2023-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/48393
LAW REFORM; Vol 19, No 1 (2023)
eng
Copyright (c) 2023 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/37551
2021-05-05T11:15:30Z
lawreform:RES
nmb a2200000Iu 4500
"210331 2021 eng "
2580-8508
1858-4810
dc
The Urgency of Criminal Code Bill Ratification in Criminal Law Policy Frame on The Spreading of Pornographic Content Offence
Makaminan, Aldo Andrieyan Putra
Master of Law, Faculty of Law, Universitas Diponegoro
Soponyono, Eko
Faculty of Law, Universitas Diponegoro
Criminal Law Policy; Cyber Criminal Offence; Criminal Code Bill
Nowadays, the crime of spreading pornographic content as one form of cybercrimes has developed into a frequent offence. This offence has inflicted a lot of damage psychologically and materially for those who become the victims because, with internet access available in cyber space, the spread of pornographic materials is faster, wider, and easier to be accessed by public. The aim of this study is to review criminal law policy on the handling of pornographic content spreading offence according to the present and the future positive law. This study used normative juridical method, a method which analyzed a problem based on ius constitutum and ius constituendum. Criminal Code and Special Criminal Act such as Pornographic Act and Electronic Information and Transactions Law (UU ITE) have not clearly regulated pornographic content spreading crime in Indonesia and have not been able to countermeasure this type of crime. This problem occurs in part because regulations are applicable specifically for offence containing pornographic element, but not applicable for the spread. Criminal Code Bill needs to be ratified because the Bill regulates the offence related to pornographic contents which is suitable to the condition and issue arising in Indonesia recently. In comparison to regulations on offence related to pornographic content spreading in various countries, the author found that each country adjusts the law related to pornographic content spreading according to the type of issues they face. Thus, Indonesia also needs to make a legal product that can suppress the spread of pornographic materials.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2021-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/37551
LAW REFORM; Vol 17, No 1 (2021)
eng
Copyright (c) 2021 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/44249
2023-07-04T10:01:21Z
lawreform:RES
nmb a2200000Iu 4500
"220331 2022 eng "
2580-8508
1858-4810
dc
The Constitutionality of Outsourcing Job Regulation in the Law on Job Creation
Sisinaru, Sostones Y
Doctoral Study Program in Law, Universitas Padjajaran https://scholar.google.com/citations?hl=id&user=7xbZgaUAAAAJ
Harijanti, Susi Dwi
Doctoral Study Program in Law, Universitas Padjajaran https://scholar.google.com/citations?hl=id&user=yKy2bs4AAAAJ
Job Creation Law; Outsourcing; Workers.
Kebijakan Pemerintah untuk mengadopsi gagasan “omnibus law” lalu diterapkan dalam pembentukan UU Cipta Kerja, bertujuan untuk mempermudah investasi, memperbaiki regulasi di Indonesia, dan lain sebagainya. UU Cipta Kerja terdiri atas 11 Klaster, salah satu klaster mengatur mengenai ketenagakerjaan yang banyak mendapat sorotan publik yang berujung pada demonstrasi, aksi dilakukan oleh pihak pekerja/buruh karena mereka beranggapan bahwa ada ketentuan terbaru diatur dalam UU Cipta Kerja seperti Upah Minimum, Outsourcing, Pemutusan Hubungan Kerja, dan lain sebagainya berpotensi merugikan mereka. Penelitian ini bertujuan untuk mengetahui arah politik hukum UU Cipta Kerja, serta mempersoalkan konstitusionalitas pengaturan pekerjaan “outsourcing” dalam UU Cipta Kerja. Metode penelitian bersifat normative yaitu dengan menggunakan pendekatan perundang-undangan dan pendekatan konseptual yang menganalisis secara kualitatif. Hasil dan Pembahasan menyimpulkan bahwa, arah politik hukum UU Cipta Kerja masih bersifat politik otoriter sehingga akan menghasilkan UU yang konservatif karena dalam pembahasan UU tersebut belum melibatkan partisipasi masyarakat. Bahkan rumusan materi mengenai “outsourcing” dalam RUU Cipta kerja belum sesuai amanah putusan MK No 27/PUU-IX/2011.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2022-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/44249
LAW REFORM; Vol 18, No 1 (2022)
ind
Copyright (c) 2022 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/51552
2023-08-11T08:27:10Z
lawreform:RES
nmb a2200000Iu 4500
"230704 2023 eng "
2580-8508
1858-4810
dc
The Entry Selection System in Indonesia’s Public High Schools: Quo vadis
Taqwa, Muhamad Dzadit
Faculty of Law, Universitas Indonesia ; Melbourne Law School, The University of Melbourne https://scholar.google.com/citations?hl=en&user=NTqzbfgAAAAJ https://orcid.org/0009-0002-7021-6723
Putra, M. Irfan Dwi
Faculty of Law, Universitas Indonesia
Putra, Edmond Wangtri
Faculty of Law, Universitas Indonesia
Age; Equity; Freedom; Selection; Zonation.
The selection mechanism for students seeking admission into public high schools still leaves the question: is it going to solve problems or even worsen them? The zoning, age, and affirmation bases were initially oriented to be an inclusive selection system based on the concept of equity. Conversely, these bases lead to new problems, such as (1) the disappearance of a fair selection mechanism based on merit, (2) the inability of students from low-quality educational backgrounds to compete with students from high-quality educational backgrounds, (3) the challenges experienced by teachers in adjusting the quality gap between the students selected by the merit-based system and those selected by the current system, (4) the damaged school culture, and (5) the occurrence of legal manipulation. Using the legal normative approach, the aim of the study analyzed this issue through the right and freedom of education. The result that the status quo system is not in line with the freedom of education, and even creates new problems. The government should have improved the quality of the education infrastructures such as teachers, curriculum, and school facilities, before focusing on the access to education. This mechanism becomes an unfair hurdle on their right to and freedom of education. The government to carefully review and re-examine the status quo system; the end might be a significant revision on the existing regulations.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2023-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/51552
LAW REFORM; Vol 19, No 1 (2023)
eng
Copyright (c) 2023 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/33777
2023-05-11T09:27:11Z
lawreform:RES
nmb a2200000Iu 4500
"200927 2020 eng "
2580-8508
1858-4810
dc
Supervision of Bawaslu Pemalang Regency in the 2020 Regional Head Election
Mutiarasari, Ntika Nur
Master of Law, Faculty of Law, Universitas Diponegoro
Herawati, Ratna
Faculty of Law, Universitas Diponegoro
Election; Supervision; Covid-19.
One of the ongoing democratic activities in 2020 is the Election for the Governor and Deputy Governor, the Regent and Deputy Regent, as well as the Mayor and Deputy Mayor simultaneously in 2020. The success of holding regional elections in Indonesia is largely determined by the performance of the election organizers, one of which is the Election Supervisors a supervisory agency that oversees the process of implementing the Pilkada stages. Pilkada supervision during a pandemic is a big challenge for the ranks of Election Supervisors in Indonesia so it is interesting to study this topic. This research focuses on the supervisory policies issued by the Bawaslu RI during the Covid-19 pandemic and is then linked to the supervision carried out by the Pemalang Regency Bawaslu during the 2020 Pilkada. This legal research used a normative juridical approach and was descriptive analytical in nature which was analysed qualitatively. The results of the study show that there are obstacles and strategies in the supervision of election during the pandemic, but Bawaslu RI and its staff including Bawaslu Pemalang in the supervision of the 2020 Pilkada also carry out with more prevention, socialization to the public through online, maximizing social media owned by the District Bawaslu, coordination between agencies / stakeholders. The Election supervision is also carried out by health protocols in handling Covid-19 in their daily activities in carrying out their duties and authorities.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2020-09-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/33777
LAW REFORM; Vol 16, No 2 (2020)
eng
Copyright (c) 2020 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/41751
2021-10-01T09:23:26Z
lawreform:RES
nmb a2200000Iu 4500
"210930 2021 eng "
2580-8508
1858-4810
dc
Urgency of Strengthening Women Participation in The Building of Gender Justice Based Village
Budoyo, Sapto
Faculty of Law, Universitas PGRI Semarang https://scholar.google.co.id/citations?user=54_0fB4AAAAJ&hl=en
Hardiyanti, Marzellina
Faculty of Law, Universitas PGRI Semarang https://scholar.google.com/citations?user=6NFQoX4AAAAJ&hl=id
Women Participation; Village Building; Gender Justice
Village building is part of national building which is regulated in Law No. 6 Year 2014 on Village. People participation is necessary in the building of villages, including the participation of women which is still considered very low particularly in generating their aspiration to build villages. Therefore, strengthening women participation in village building is necessary so that policies regarding women issues can be well accommodated in order to realize village building which is based on gender justice. Law research method was appllied in this study using literature approach in order to collect accurate data. The result of this study shows that it is necessary to strengthen women participation in village building which is based on gender justice because it is indicated that political law in Indonesia tends to support the issue corcerning legal protection toward women position as citizens. This is regulated in constitutional foundation in Article 27 section (1), Article 28D section (1), and Article 28I section (2) The 1945 Constitution of The Republic of Indonesia and Article 55 No.6 Year 2014 Law on Village. Women representation in villages aims to solve various issues related to women justice particularly on issues around violence cases which seems like a tip of an iceberg and are unresolved. The efforts to strengthen women participation in village building are built through the form of togetherness, growing from root, trust and openness.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2021-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/41751
LAW REFORM; Vol 17, No 2 (2021)
eng
Copyright (c) 2021 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/2754
2016-10-31T13:36:40Z
lawreform:RES
oai:ojs.ejournal.undip.ac.id:article/33770
2023-06-21T09:21:21Z
lawreform:RES
nmb a2200000Iu 4500
"200927 2020 eng "
2580-8508
1858-4810
dc
Position of Supervisory Board Organ and Its Implications for the Institutional Corruption Eradication Commission
Bima, Muh Rinaldy
Faculty of Law, Universitas Muslim Indonesia
Ramadani, Rizki
Faculty of Law, Universitas Muslim Indonesia
Supervisory Council; KPK; Institutional Implications.
The negative view that the People's Representative Council of Indonesia (DPR) has long been in a constant effort to weaken the Corruption Eradication Comission (KPK), making the revision process of the KPK law until after it is legalized, receives pro and contra. A number of provisions in the new Law of KPK are considered to potentially weaken the independence of the institution, especially concerning the establishment of the so called Supervisory Council. The purpose of this research was to analyze an the position of the Supervisory Council and to explain its implications on the institutional aspects of the KPK.This normative legal research was conducted through a literature study using conceptual and statue approaches, which then analyzed qualitatively. The results show that the new Law of KPK makes the Supervisory Council as an internal supervision organ, but its position had not well formulated yet in the institutional structure. The existence of the Supervisory Council also have some impacts on the institutional aspects of KPK in terms of Institutional and functional independences.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2020-09-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/33770
LAW REFORM; Vol 16, No 2 (2020)
eng
Copyright (c) 2020 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/41738
2021-10-01T09:23:25Z
lawreform:RES
nmb a2200000Iu 4500
"210930 2021 eng "
2580-8508
1858-4810
dc
Legal Liability of Minors as Perpetrators of Online Buying and Selling Fraud in Indonesia
Tantimin, Tantimin
Faculty of Law, Universitas International Batam https://scholar.google.com/citations?hl=id&user=h4ihx6UAAAAJ
Legal Liability; Child; Buying and Selling Online; Criminal.
The development of internet technology is directly proportional to the growth of online trade. Easy access to online buying and selling transactions is faced with the risk of fraud, including the fraud committed by minors. This paper discusses the criminal liability of minors who commit criminal acts of fraud in online buying and selling transactions. The research method used was a normative legal research method. The results of this study indicate that online buying and selling transactions carried out by minors based on legal principles of engagement are legal. Fraud of online buying and selling transactions carried out by minors can be subject to criminal penalties by taking into account the rights of children under the Child Protection Act. Although children are not free from legal bondage, keeping children away from the formal justice process can avoid stigmatization of children in conflict with the law.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2021-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/41738
LAW REFORM; Vol 17, No 2 (2021)
eng
Copyright (c) 2021 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/47743
2023-07-04T10:00:44Z
lawreform:RES
nmb a2200000Iu 4500
"220819 2022 eng "
2580-8508
1858-4810
dc
Strengthening Rembugan as A Mediation Model in The Resolution of River Water Pollution Disputes (A case study in Purbalingga, Central Java, Indonesia).
Triana, Nita
Faculty of Sharia, UIN Prof. KH. Saifuddin Zuhri Purwokerto https://scholar.google.com/citations?hl=id&user=ia5ESZYAAAAJ
Mukhtar, Naqiyah
Faculty of Sharia, UIN Prof. KH. Saifuddin Zuhri Purwokerto https://scholar.google.com/citations?hl=id&user=0NehttoAAAAJ
Izza, Farah Nuril
Faculty of Humanities, Tilburg University
Turistiati, Ade Tuti
Faculty of Business and Social Sciences, Universitas Amikom Purwokerto https://scholar.google.com/citations?hl=id&user=kwLCS-AAAAAJ https://orcid.org/0000-0001-5551-2730
Rembungan; Mediation; Dispute resolution; Pollution; Local Wisdom.
Purbalingga as an industrial area is prone to pollution that has a detrimental impact on society and the environment. It is necessary to find a way that can bring together the parties involved to peacefully resolve environmental disputes. The purpose of this study is to strengthen rembugan as a mediation model for resolving pollution disputes in the old industrial area. This research is qualitative research with a socio-legal approach, by conceptualizing law as non-doctrinal. The results showed that rembugan is a community culture in dispute resolution that reflects the values of local wisdom possessed by the Purbalingga community, namely the attitude of the parties to accept and use consensus methods in dispute resolution. The purpose of rembugan is to achieve harmony and togetherness. The mediator is the Environment Agency (DLH) and Village Head (Kepala Desa). Strengthening rembugan position in the dispute resolution model is supported by Purbalingga community culture, whose characters are honest, free, open, egalitarian, and accepting of consensus. Strengthening rembugan as a mediation model is also supported by government institutions such as village heads and Environment Agency, and is formally regulated in Law No. 32 of 2009 concerning environmental protection and management.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2022-07-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/47743
LAW REFORM; Vol 18, No 2 (2022)
eng
Copyright (c) 2022 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/56534
2024-02-05T08:23:38Z
lawreform:RES
nmb a2200000Iu 4500
"240130 2024 eng "
2580-8508
1858-4810
dc
Measuring The Effectiveness of Private Electronic System Organizers Regulations In Developing Social Media Equilibrium
Sitabuana, Tundjung Herning
Faculty of Law, Universitas Tarumanagara https://scholar.google.com/citations?user=bUPd8hAAAAAJ&hl=id
Adhari, Ade
Faculty of Law, Universitas Tarumanagara https://scholar.google.co.id/citations?user=z0jnSNYAAAAJ&hl=en https://orcid.org/0000-0002-9547-502X
Suryani, Leony Sondang
SHAPE-SEA, The Institute of Human Right and Peace Studies, Mahidol University https://orcid.org/0009-0006-4164-5819
Sanjaya, Dixon
Faculty of Law, Universitas Indonesia https://scholar.google.com/citations?user=8sx_Sk4AAAAJ&hl=id
Amri, Ibra Fulenzi
Faculty of Law, Universitas Tarumanagara https://scholar.google.com/citations?user=hv5zYgMAAAAJ&hl=id
Private Electronic System Organisers; Regulation Effectiveness; Social Media Equilibrium
Technological developments, especially social media, potentially have a negative impact that pretend to social disintegration and instability. To prevent and create a healthy and conducive digital space, the Government issued the Minister of Communication and Information Regulation No.5/2020 concerning Private ESOs. This regulation gives the government authority to supervise Private ESOs and protect social media content. This research aims to examine ministerial regulation effectiveness in realizing social media equilibrium and its impact on digital democracy in Indonesia. This is a sociolegal research. The data was obtained from observation, expert interviews, and literature studies which were analyzed qualitatively. Normatively, restrictions and supervision to the right to use social media through private ESOs can be carried out to be in line with Pancasila’s Spirit. However, there are fundamental errors in ministerial regulation: (1) multiple interpretations norm; (2) unclear parameters of supervision; and (3) weak legal position of ministerial regulations in law enforcement. Sociologically, the presence of ministerial regulations is weak and ineffective because they are: (1) rejected by stakeholders; (2) easy to change; and (3) slowly responded in socialization process and community compliance. More comprehensive implementation regulation is required with, supervision through an electronic system approach to increase the role and participation of community.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2023-09-29 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/56534
LAW REFORM; Vol 19, No 2 (2023)
eng
Copyright (c) 2023 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/54087
2023-08-11T08:27:10Z
lawreform:RES
nmb a2200000Iu 4500
"230808 2023 eng "
2580-8508
1858-4810
dc
The Indonesian Constitutional Court Approaches the Proportionality Principle to the Cases Involving Competing Rights
Lailam, Tanto
Fakultas Hukum, Universitas Muhammadiyah Yogyakarta ; Faculty of Law, Universität zu Köln https://orcid.org/0000-0001-8539-6304
Anggia, Putri
Fakultas Hukum, Universitas Muhammadiyah Yogyakarta ; Faculty of Law, Universitat Autònoma de Barcelona
Proportionality Analysis; Constitutional Court; Socio-Economic; Competing Rights
The research focuses on the proportionality analysis of the competing socio-economic rights in the Indonesian Constitutional Court / Mahkamah Konstitusi Republik Indonesia (the MKRI). It is motivated by the unclear concept/model of proportionality analysis in Indonesia and its application by the court. The research method used was normative legal research with statutory and case approaches. The MKRI's general practices need to be more structured, unsystematized, and uncomprehensive to implement with four stages: legitimate aims, suitability, necessity, and balancing. It applies a model that refers to the legal objectives based on Pancasila and the 1945 Constitution. It declares the balance of fundamental rights and obligations of citizens based on the values of the godhead, humanity, unity, democracy, and social justice. Hence, some decisions used proportionality analysis, specifically in economic rights. Its implications create a balance of legal norms and integratively value legal certainty, justice, and legal expediency.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2023-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/54087
LAW REFORM; Vol 19, No 1 (2023)
eng
https://ejournal.undip.ac.id/index.php/lawreform/article/download/54087/174206
Copyright (c) 2023 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/37552
2021-05-05T11:15:30Z
lawreform:RES
nmb a2200000Iu 4500
"210331 2021 eng "
2580-8508
1858-4810
dc
Privacy Policy on Smart Contracts in E-Commerce Transactions
Wilona, Mariska Zena
Faculty of Law, Universitas Sebelas Maret
Latifah, Emmy
Faculty of Law, Universitas Sebelas Maret
Purwadi, Hari
Faculty of Law, Universitas Sebelas Maret
Legal Protection; International E-commerce; Smart Contract
The technology of smart contract is a new technology applied in online trading. This technology has the possibility of errors and its arrangement that results in losses to buyers. This study was aimed to examine the legal certainty for the users smart contract in e-commerce transactions in Indonesia. The method used was the normative juridical method. The results of the study indicate that the privacy policy on smart contracts in e-commerce transactions based on national and international laws still has a legal vacuum in which the aspect of national law is guided by the ITE Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 and the Regulation of the Minister of Communication and Information Number 20 of 2016 concerning Personal Data Protection in Electronic Systems. Then, in the aspect of international law referring to the UNCITRAL Model Law on Electronic Commerce (MLEC), it also establishes the rules for the formation and validity of contracts made electronically and for attribution.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2021-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/37552
LAW REFORM; Vol 17, No 1 (2021)
eng
Copyright (c) 2021 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/43083
2023-07-04T10:01:21Z
lawreform:RES
nmb a2200000Iu 4500
"220331 2022 eng "
2580-8508
1858-4810
dc
Equity Interest Scheme’s Compatibility with the UNCLOS 1982’s Common Heritage of Mankind Principle
Merdekawati, Agustina
Faculty of Law, Universitas Gadjah Mada https://scholar.google.com/citations?hl=id&user=zTy3AyYAAAAJ http://orcid.org/0000-0001-9961-1984
Triatmodjo, Marsudi
Faculty of Law, Universitas Gadjah Mada https://scholar.google.com/citations?hl=id&user=SWF0ABAAAAAJ
Common Heritage of Mankind; Deep Seabed Mining; Equitable Benefits Sharing; Equity Interest; UNCLOS 1982
The Mining Code Exploration for polymetallic sulphides and cobalt-rich ferromanganese crusts provide options for exploration contractors to offer an equity interest in a joint venture with Enterprise. UNCLOS 1982 has never regulated the existence of such a scheme as a substitute for the obligation to submit reserved areas at the exploration stage. The presence of the equity interest scheme raises questions on its compatibility with the Common Heritage of Mankind (CHM) principle, especially with the aspect of equitable benefits sharing (EBS) to all mankind. This study aimed to assess the compatibility of the equity interest scheme with the CHM principle. The study was conducted normatively by analyzing equity interest scheme implementation associated with the norms in the CHM principle and UNCLOS 1982. The results showed that the equity interest scheme is compatible with the EBS aspects in the CHM principle by presenting the optimization of financial benefits for all mankind. The implementation of the equity interest scheme, even though it is contrary to the provisions of Annex III Article 1982, is a form of subsequent practice accepted by state parties. This study recommends that the relevant stakeholders reconsider the involvement of the Enterprise in the equity interest scheme based on financing efficiency.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2022-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/43083
LAW REFORM; Vol 18, No 1 (2022)
eng
Copyright (c) 2022 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/49141
2023-08-11T08:27:10Z
lawreform:RES
nmb a2200000Iu 4500
"230704 2023 eng "
2580-8508
1858-4810
dc
Authority of the Dispute Council in the Resolution of Construction Disputes in Indonesia
Vidyapramatya, Nurindria Naharista
Faculty of Law, Universitas Sebelas Maret
Latifah, Emmy
Faculty of Law, Universitas Sebelas Maret https://scholar.google.co.id/citations?user=W0g1StkAAAAJ&hl=en https://orcid.org/0000-0001-9593-1163
Farida, Elfia
Faculty of Law, Universitas Diponegoro https://scholar.google.com/citations?hl=en&user=b1oeZNcAAAAJ
Tigor, Antonius Alexander
Doctoral Program in Society Technology and Culture, Universitat Oberta de Catalunya
Dispute Council; Construction Work Contract; Construction Work; Construction Disputes.
The Dispute Council is a construction dispute resolution forum mandated by Law Number 2 of 2017 concerning Construction Services. The existence of the Dispute Council as a construction dispute resolution forum is actually not much different from other alternative dispute resolution forums, such as negotiation, mediation, and arbitration. However, the Construction Services Law mandates that a Dispute Council be formed by the parties simultaneously with the preparation of a construction work contract. In practice, decisions made by the Dispute Council are often not final and binding if one of the parties is not willing to implement the decision of the Dispute Council. This study aimed to compare the effectiveness of the authorities between the Dispute Council and other alternative dispute resolution forums. This research was normative research. The data used were secondary data consisting of primary, secondary, and tertiary legal materials. The data collection technique used literature study, and the data analysis technique used qualitative analysis. The results of the research show that the dispute resolution process with the Dispute Council is ineffective because it takes a long time. Parties who do not want to implement the decision of the Dispute Council will continue the dispute resolution process to arbitration. In fact, when the arbitration process fails, the dispute is submitted to court. This situation becomes more effective and saves time when the resolution of construction disputes directly uses arbitration without going through the Dispute Council first.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2023-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/49141
LAW REFORM; Vol 19, No 1 (2023)
eng
Copyright (c) 2023 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/33782
2023-05-11T09:27:14Z
lawreform:RES
nmb a2200000Iu 4500
"200927 2020 eng "
2580-8508
1858-4810
dc
Legal Protection for Traditional Medicine Knowledge of Paliasa Leaves in Traditional Community of South Sulawesi Through Intellectual Property Regime
Adhiyatma, Muhammad Tizar
Faculty of Law, Universitas Diponegoro
Roisah, Kholis
Faculty of Law, Universitas Diponegoro
Legal Protection; Traditional Medicine; Paliasa; Kajang.
Traditional knowledge as a work which is communal property and has opposition characteristics to the legal regime of Intellectual Property rights. Thus, imposing for a regime of intellectual property used as a system to protect traditional knowledge would only cause anomalies in Indonesian society itself and the existing legal regime of Intellectual Property rights in Indonesia is not yet capable of protecting traditional knowledge, especially that associated with genetic resources. The existence of local wisdom of communities in South Sulawesi to genetic resources is to use Paliasa (Kleinhovia Hospita Linn.) leaf as a medicinal plant which are well documented in ancient texts “lontarak pabbura” and organized by Ammatoa as Kajang indigenous leaders. Therefore, it needs a protection model to protect traditional knowledge and their genetic resources associated with traditional knowledge through a sui generis system as positive protection and defensive protection models in order to provide comprehensive protection against traditional knowledge belonging to the Indonesian people.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2020-09-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/33782
LAW REFORM; Vol 16, No 2 (2020)
eng
Copyright (c) 2020 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/44655
2023-07-04T10:01:21Z
lawreform:RES
nmb a2200000Iu 4500
"220331 2022 eng "
2580-8508
1858-4810
dc
The Fulfillment of Rights to Citizenship for Migrant Worker Deportees in Nunukan District
Mahfud, Muh. Afif
Faculty of Law, Universitas Diponegoro https://scholar.google.com/citations?hl=id&user=Pr2AxFYAAAAJ https://orcid.org/0000-0002-7710-8832
Wibawa, Kadek Cahya Susila
Faculty of Law, Universitas Diponegoro https://scholar.google.com/citations?hl=id&user=hw4qbdwAAAAJ https://orcid.org/0000-0001-5468-8072
ALW, Lita Tyesta
Faculty of Law, Universitas Diponegoro https://scholar.google.com/citations?hl=id&user=oi2WKosAAAAJ https://orcid.org/0000-0001-9295-7579
Saraswati, Retno
Faculty of Law, Universitas Diponegoro https://scholar.google.com/citations?hl=id&user=gNVCI1cAAAAJ https://orcid.org/0000-0002-4465-4028
Right to Citizenship; Deportee; Migrant Workers; Stateless.
Rights to Citizenship must be protected because it is the basis to be able to access the other rights. Rights to citizenship of migrant workers in Nunukan District is potentially expired and lost if they do not renew their passports. The same case may occur with illegal migrant workers who stay for 5 years abroad. This article aims to analyze the potential of stateless person in Nunukan District, the effort made by the government to handle the issue, and the ideal construction of legal protection for stateless person. This study applied socio legal approach using primary and secondary data which were collected through interview, observation, and in depth interview. Those data then were analyzed qualitatively. Based on the analysis, it is concluded that: (1) the potential of being stateless person in Nunukan District occurred in migrant workers whose passports were expired for more than 5 years, irregular migrant workers who stayed abroad for more than five years, the descendants or children of migrant workers who were born and were raised in Malaysia; (2) the government prevents the occurrence of stateless person: (a) integrated management of handling migrant workers; (b) sweeping in order to prevent irregular migrant workers; (c) simplifying the issuance of Letter of Arrival of Indonesian Citizen (SKDWNI) and Letter of Overseas Arrival (SKDLN); (3)ideal construction of the protection of right to citizenship for migrant workers is the extension of the scope of migrant workers protection agreement, and the placement of Citizenship and Civil Record Agency officers in order to make the paperwork handling of citizenship document easier.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2022-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/44655
LAW REFORM; Vol 18, No 1 (2022)
eng
Copyright (c) 2022 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/33768
2020-11-11T11:40:43Z
lawreform:RES
oai:ojs.ejournal.undip.ac.id:article/33783
2023-05-11T09:26:46Z
lawreform:RES
nmb a2200000Iu 4500
"200927 2020 eng "
2580-8508
1858-4810
dc
Indonesia’s Criminal Justice System with Pancasila Perspective as an Open Justice System
Adawiyah, Robiatul
Master of Law, Faculty of Law, Universitas Diponegoro
Rozah, Umi
Faculty of Law, Universitas Diponegoro
Criminal Justice System; Open System; Pancasila.
The criminal justice system should be an embodiment of values of Pancasila. Few cases raised concerns and questioned Pancasila’s practice because it hurt community justice sense. Pancasila must be reflected in criminal law enforcement. The criminal justice system is open whose operation is influenced by the environment the subsystems's operation, it is very important to be studied comprehensively. This article discusses the Indonesian criminal justice system with a Pancasila perspective; Indonesian criminal justice system with the concept of Pancasila as an open criminal justice system; subsystem in the Indonesian criminal justice system has the concept of Pancasila as an open criminal justice system. The research method in this article is normative with philosophy approach. The results showed that criminal justice system has Pancasila perspective, means that it must prioritize humanity, the balance of the interests of perpetrators and victims, the justice of God, humanity and society (substantive justice). As an open system, it does not work in solitaire in a vacuum, but must pay attention to legal values and community justice sense so that the working of it is more contextual in applying criminal law to achieve its success. And all subsystems in the criminal justice system have basically been based on Pancasila as an open justice system.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2020-09-27 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/33783
LAW REFORM; Vol 16, No 2 (2020)
eng
Copyright (c) 2020 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/41740
2021-10-01T09:23:25Z
lawreform:RES
nmb a2200000Iu 4500
"210930 2021 eng "
2580-8508
1858-4810
dc
Legal Protection for Children Victims of Postpartum Depression
Harisnaeni, Diyan Shofie
Master of Law Program, Faculty of Law, Universitas Diponegoro
Cahyaningtyas, Irma
Faculty of Law, Universitas Diponegoro
Legal Protection; Child; Postpartum Depression.
Children are a gift given by God through a woman. The presence of a child certainly raises many new adaptations in family life. The transition period to face a new life turns out to be more or less a problem that results in children; one of which is postpartum depression in a mother. This article aims to examine the forms of legal protection for a child who is a victim of postpartum depression. This article uses a normative juridical approach and secondary data with descriptive analytical research specifications and qualitative analysis. Based on the results of the study, postpartum depression is included in the category of mental illness model caused by the mental illness with clinical depression symptoms that affect psychological conditions ranging from excessive anxiety, neglecting children, to physically injuring children. This form of legal protection for children is stated in Law Number 23 of 2002 in conjunction with Law Number 35 of 2014 concerning Child Protection. Regarding the accountability of perpetrators, for the postpartum depression which reflects on Article 44 of the Criminal Code, it is necessary to have an examination first before determining the responsibility to be imposed to overcome and prevent postpartum depression.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2021-09-30 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/41740
LAW REFORM; Vol 17, No 2 (2021)
eng
Copyright (c) 2021 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/47477
2023-07-04T10:00:44Z
lawreform:RES
nmb a2200000Iu 4500
"220822 2022 eng "
2580-8508
1858-4810
dc
Problems of Law Enforcement in Realizing The Principle of Equality Before The Law in Indonesia
Rofingi, Rofingi
Magister of Law Program, Faculty of Law, Universitas Diponegoro
Rozah, Umi
Faculty of Law, Universitas Diponegoro
Asga, Adifyan Rahmat
Melbourne Law School, University of Melbourne
Problems; Law Enforcement; Equality
Indonesia is a state of law. The law stipulates the principle of equality before the law. There are various problems in law enforcement. These problems have led to the failure to observe the principle of equality before the law. Just as the persecution suffered by Sarpan, the police admitted that they were the perpetrators of the murder. This is different from the case of Napoleón Bonarparte and Prasetijo Utomo, the suspect of bribery to remove red notice warrant of Djoko Tjandra. In this case, Djoko Tjandra had lunch with the head of the prosecutor's office. This research is significant considering the widespread practice of law enforcement that underestimates the principle of equality before the law, so it will not discriminate against everyone when applying the law in the future. This study uses the non-doctrinal reaserch because it examines laws and regulations and their implementation to the people. From this research, it is found that due to the problems of laws and regulations that are unsuitable for the people, lacked of ethics, beliefs, resources, and transparency in the screening of order agents, the principle of equality before the law has not been implemented, and there is inconsistency in the application of the law Integration leading to the decline in public trust to the law . Therefore, these issues need to be improved to realize the principle of equality before the law in law enforcement.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2022-07-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/47477
LAW REFORM; Vol 18, No 2 (2022)
ind
https://ejournal.undip.ac.id/index.php/lawreform/article/download/47477/149923
Copyright (c) 2022 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/58497
2024-02-22T08:52:28Z
lawreform:RES
nmb a2200000Iu 4500
"240205 2024 eng "
2580-8508
1858-4810
dc
Assessing the Legality of Autonomous Weapon Systems: An In-depth Examination of International Humanitarian Law Principles
Khalil, Ahmad
Vellore Institute of Technology School of Law (VITSOL) Vellore Institute of Technology Chennai https://orcid.org/0009-0007-0615-9812
Krishna Raj, S. Anandha
Vellore Institute of Technology School of Law (VITSOL) Vellore Institute of Technology Chennai https://orcid.org/0009-0001-0177-1689
Autonomous weapon systems; Humanities; International humanitarian law; Military necessity; Principles
The use of autonomous weapons systems (AWS) to select targets and attack them without human intervention poses a real legal dilemma. What heralds the urgency of the issue is the emergence of some unofficial reports talking about AWS entering the battlefield in recent armed conflicts. Previous literature has been inconclusive on the legitimacy of AWS. This is what prompted us to do this research, which deserves to be investigated in more depth to help reach an international consensus within the international humanitarian law (IHL) framework. The article uses a combination of both doctrinal and non-doctrinal methodology to provide a more comprehensive understanding of the issue. The methodology focuses on analyzing AWS through the perspective of IHL principles because it is the most related law by which the legitimacy of AWS can be assessed. The data collected were secondary and analyzed using quantitative data analysis to shed light on the contradiction between public sentiment and the actual trajectory of AWS development. The results show that military necessity and humanity are two concepts inherent in the true principles of IHL that do not accept measurement or compromise. The article concludes that although artificial intelligence (AI) has not yet reached a threshold that allows reliable deployment of AWS, However, the acceleration of its development indicates that AWS will be able to comply with true IHL principles in the near future.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2023-09-29 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/58497
LAW REFORM; Vol 19, No 2 (2023)
eng
Copyright (c) 2023 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/53971
2023-08-11T08:27:10Z
lawreform:RES
nmb a2200000Iu 4500
"230811 2023 eng "
2580-8508
1858-4810
dc
The Educational Role of The Constitutional Court in Compliance of Indonesian Citizens
Marwiyah, Siti
Department of Law, Universitas Dr. Soetomo
Borman, M Syahrul
Department of Law, Universitas Dr. Soetomo
Ruba'ie, Ruba'ie
Department of Law, Universitas Dr. Soetomo
Ramadhani, M Chotib
Department of Law, Universitas Dr. Soetomo
Saraswati, Retno
Faculty of law, Universitas Diponegoro
Naprathansuk, Non
School of Administrative Studies, Maejo University Thailand
Constitutional Court; Educational; Justice; State
The Constitutional Court (MK) has a strategic position, authority, and obligation to determine the future of the Indonesian nation. This study aims to examine the educational role of the Constitutional Court in developing a constitutional understanding of Indonesian citizens constitutionally. This research used doctrinal legal research method, a process to find the rule of law, legal principles, and legal doctrines to answer the legal problems faced. The results showed the educative role of the Constitutional Court in fostering constitutional understanding of Indonesian citizens by creating programs to promote constitutional understanding of Indonesian citizens, i.e.: increasing the understanding of citizens' constitutional rights; disseminating information on the Constitutional Court, and development of constitutional awareness culture.; debate on student constitutions between universities throughout indonesia; telling the values of Pancasila on social media; and increasing understanding of the constitutional rights of civics with outstanding teachers; and educating people's attention. The Constitutional Court's products in the form of decisions contain public education on compliance with the Constitution correctly and rationally. The Constitutional Court's decision will always be linked to the public with the Constitution and the interests of justice seekers because the court examines the interests of justice seekers related to the Constitution.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2023-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/53971
LAW REFORM; Vol 19, No 1 (2023)
eng
Copyright (c) 2023 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/37554
2021-05-05T11:15:30Z
lawreform:RES
nmb a2200000Iu 4500
"210331 2021 eng "
2580-8508
1858-4810
dc
The Ideology Of Law: Embodying The Religiosity Of Pancasila In Indonesia Legal Concepts
Hangabei, Sinung Mufti
Faculty of Law, Universitas Muhammadiyah Bengkulu
Dimyati, Khudzaifah
Faculty of Law, Universitas Muhammadiyah Surakarta
Absori, Absori
Faculty of Law, Universitas Muhammadiyah Surakarta
Akhmad, Akhmad
Faculty of Law, Universitas Bengkulu
Legal Ideology; Religious Value; Legal Development
The Pancasila ideology is positioned as the source of all sources of law in Indonesia. This meaning cannot be separated from the ideal value of the Indonesian Nation, which is God Almighty. This paper discusses the understanding of religious dimension of Pancasila as a legal norm, so that the applicable law can achieve its objectives. The normative and philosophical approach methods show that Pancasila has the roots of religiosity in its formation. The results of the study show that the strengthening of substantial ideological thinking based on social values that live in society and cannot be separated from the religious values of Pancasila becomes a place where law carries out its functions and roles in the life of the nation and state. In conclusion, the basic norms of the state, Pancasila, which have a religious dimension, are used as a benchmark in assessing the validity of the established regulations. The purpose of law is inseparable from the ultimate goal in the life of the nation and state, namely the values and philosophy of community life itself. The legal construction that puts aside Indonesian values in the context of ideology and the ideology of Pancasila law will result in the law losing its "spirit".
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2021-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/37554
LAW REFORM; Vol 17, No 1 (2021)
eng
Copyright (c) 2021 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/44698
2023-07-04T10:00:44Z
lawreform:RES
nmb a2200000Iu 4500
"220728 2022 eng "
2580-8508
1858-4810
dc
The Implication of Sea-level Rise Toward the Small Island Nation of Maldives: Legal Perspective
Hananto, Pulung Widhi Hari
Faculty of Law, Universitas Diponegoro
Trihastuti, Nanik
Faculty of Law, Universitas Diponegoro
Basir, Salawati Mat
Faculty of Law, Universiti Kebangsaan Malaysia
Prananda, Rahandy Rizki
Faculty of Law, Universitas Diponegoro
Rizki, Dzulfiki Muhammad
Faculty of Law, Universitas Diponegoro
Implication; Sea-level Rise; Small Island; Maldives.
Climate change has always been a major issue and a long discussion in the international community. One of the tangible manifestations of climate change is rising sea levels. Sea level rise also has a significant impact on small island countries or micro-countries which are geographically small and have very low land elevations. The impact of sea level rise will pose a threat that is quite dangerous for the existence of a small island nation like the Maldives. This article applies normative legal research methods using a conceptual approach, cases and regulations. This study aims to examine the implications of sea level rise on the Maldives perspective and provide options in the form of legal construction to solve this problem. This research found that The UNCLOS does not provide explicit reference against the sea-level rise effected by climate change. However, International community have been making progress to address this issue with a numbers of conferences. This study suggest that The Maldives government should have maximized the implementation of its laws and regulation to mitigate air space pollution coming from GHG Emission. The consistency of its implementation is the important key to mitigate the impact of this sea level rises.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2022-07-28 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/44698
LAW REFORM; Vol 18, No 2 (2022)
eng
https://ejournal.undip.ac.id/index.php/lawreform/article/download/44698/138973
Copyright (c) 2022 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/57880
2024-02-05T08:23:38Z
lawreform:RES
nmb a2200000Iu 4500
"231009 2023 eng "
2580-8508
1858-4810
dc
The Urgency of Presidential Institution Regulations in Strengthening the Presidential Government System
Widayati, Widayati
Faculty of Law, Universitas Islam Sultan Agung https://scholar.google.com/citations?hl=en&user=x7-MgLkAAAAJ
Haji Mohiddin, Mas Nooraini binti
Faculty of Shariah and Law, Universitas Islam Sultan Sharif Ali
Herawati, Ratna
Faculty of Law, Universitas Diponegoro https://scholar.google.com/citations?hl=en&user=0CGo9M0AAAAJ
Winanto, Winanto
Faculty of Law, Universitas Islam Sultan Agung https://scholar.google.com/citations?hl=en&user=X88Ce8EAAAAJ
Regulatory Urgency; Presidential Institution; Presidential Government System.
The existence and authority of the executive, legislative and judicial institutions are regulated in the 1945 Constitution of the Republic of Indonesia, then regulated in more detail in the law, except for the President. There is no law on presidential institutions yet, so there is concern that the President will exceed or abuse his authority in carrying out his duties. This research discusses the importance of regulating presidential institutions in strengthening the presidential system. The research approach was normative juridical; examining legal rules or regulations as a building system related to a legal event. The data used were secondary data in the forms of primary and secondary legal materials. Based on the results of the analysis, it is concluded that: 1) the regulation of presidential institutions is only found in the Constitution. There is no description of the position and division of authority between the President and Vice President and other positions in the presidential institution. 2) The position of the Vice President is as assistant to the President, and the Vice President replaces the President when the President dies, resigns, is dismissed, or is unable to carry out his obligations during his term of office. 3) Regulation of presidential institutions in strengthening the presidential government system is very urgent to prevent arbitrary actions by the President and to provide clarity on the authority of positions within the presidential realm so that they can carry out their duties well in supporting the President as head of state and head of government. With clear arrangements, each person has responsibilities, and there will be no overlapping of authority.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2023-09-29 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/57880
LAW REFORM; Vol 19, No 2 (2023)
eng
Copyright (c) 2023 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/42568
2023-07-04T10:01:21Z
lawreform:RES
nmb a2200000Iu 4500
"220331 2022 eng "
2580-8508
1858-4810
dc
Contextualization of Legal Protection of Intellectual Property in Micro Small and Medium Enterprises in Indonesia
Disemadi, Hari Sutra
Faculty of Law, Universitas Internasional Batam https://scholar.google.com/citations?hl=id&user=qJUiusMAAAAJ
Legal protection; Intellectual Property; MSME.
MSEs are fast-growing industries and are the most important pillars of the economy. The large number of MSEs is a potential that must be pursued in protecting intellectual property. Management and human creativity is the key to the development of the intellectual property. This study aims to identify and analyze the contextualization of intellectual property legal protection in the development of MSEs in Indonesia. This research uses doctrinal research methods. This legal research emphasizes the concept that law can be viewed as a set of laws and regulations that are systematically arranged based on a certain order. The results of this study indicate that MSEs and intellectual property have an inseparable relationship. Efforts to develop MSEs in Indonesia can be seen in the simplification of MSEs regulations through the Omnibus Law to avoid overlapping regulations that have the potential to create a complicated bureaucracy. Intellectual property has opportunities in the development of MSEs and also has formal juridical challenges.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2022-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/42568
LAW REFORM; Vol 18, No 1 (2022)
ind
Copyright (c) 2022 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/44643
2023-07-04T10:01:21Z
lawreform:RES
nmb a2200000Iu 4500
"220331 2022 eng "
2580-8508
1858-4810
dc
The Implementation of General Principles of Convention on The Rights of The Child During Covid-19 Pandemic in The City of Serang
Ridwan, Ridwan
Faculty of Law, Universitas Sultan Ageng Tirtayasa
Jaya, Belardo Prasetya Mega
Faculty of Law, Universitas Sultan Ageng Tirtayasa https://scholar.google.com/citations?hl=id&user=uk5hqgQAAAAJ
Imani, Sarah Haderizqi
Faculty of Law, Universitas Sultan Ageng Tirtayasa
Convention on The Right of The Child; Rights of Children; Child Protection; Covid-19; The City of Serang
Convention on The Rights of The Child is the most comprehensive international legal instrument of human rights to promote and protect rights of children. In the late 2019, Coronavirus Disease 19 outbreak started. This pandemic then has led to socio-economic impact as a result of preventive and controlling actions. This pandemic has also affected the fulfillment of child’s rights including the rights of children in The City of Serang. This research was aimed at investigating the implementation of general principle of Convention on The Rights of The Child during Covid-19 pandemic in the city of Serang. This study applied normative research method, which is a research discussing legal aspects by studying literature sources on the applied regulations. The result of the study shows that the implementation of general principle of Convention on The Rights of The Child, consisting of the principle of non-discrimination, the best interest of the child, the right to life, survival and development, and the right to be heard, went well along with the establishment of Child Social Welfare Institute to serve children with special needs (LKSA), Integrated Service Centre for the Empowerment of Women and Children (P2TP2A) to receive complaints on the violation of children’s rights, Serang’s Children Forum as a media where children of Serang can participate. The implementation of the right to survival was not as good because Working group (Pokja) for adverse effect following immunization (KIPI) special for children has not effectively implemented.
PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG
2022-03-31 00:00:00
application/pdf
https://ejournal.undip.ac.id/index.php/lawreform/article/view/44643
LAW REFORM; Vol 18, No 1 (2022)
ind
Copyright (c) 2022 LAW REFORM
oai:ojs.ejournal.undip.ac.id:article/37557
2021-03-31T12:35:44Z
lawreform:RES