The Journal of Law and Legal Reform {ISSN Print 2715-0941, ISSN Online 2715-0968} is a double-blind peer-reviewed law journal and scholarly journal with a national and international outlook, published by Universitas Negeri Semarang and organized by Postgraduate Program Faculty of Law Universitas Negeri Semarang. The Journal seeks to disseminate information and views on matters relating to law reform, including developments in case and statute law, as well as proposals for law reform, be they from formal law reform bodies or from other institutions or individuals. The Journal publishes articles, case and legislation, notes and comments, and reviews of books on law reform-related themes that offer insightful commentary on Indonesian and comparative law. It is published quarterly in January, April, July, and October. This law journal also promotes legal scholarship in its political, philosophical, and social contexts. The Journal of Law and Legal Reform has a high commitment to respond and provide growing demand among scholars, legislators, and practitioners of law in the private and public sectors for a forum for authoritative views on law reform in Indonesia, Asia, and the World. A related purpose is to provide a systematic review of significant initiatives for reform of laws and legal practice. The Journal of Law and Legal Reform publishes cutting-edge legal scholarship by both academics and legal practitioners. Established in 2019, the Journal finds its roots in a desire to propose constructive, well-reasoned reforms in all areas of the law. Title : Journal of Law and Legal Reform Editor in Chief : Assoc. Prof. Dr. Indah Sri Utari, S.H., M.Hum. ISSN : p-ISSN 2715-0941 | e-ISSN 2715-0968 DOI Prefix : 10.15294/jllr Publisher : Faculty of Law Universitas Negeri Semarang Frequency : Quarterly [January, April, July, and October]
All writings published in this journal are personal views of the authors and do not represent the views of this journal and the author's affiliated institutions. Author(s) retain copyrights under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0).
Reimagining Criminal Liability in the Age of Artificial Intelligence: Toward a Comparative and Reform-Oriented Legal Framework
As artificial intelligence (AI) systems increasingly permeate decision-making processes across sectors—from autonomous vehicles to predictive algorithms in finance and law enforcement—traditional frameworks of criminal liability face unprecedented challenges. This article critically examines the adequacy of existing criminal law doctrines in attributing liability when harm arises from autonomous or semi-autonomous AI actions. It explores the tension between actus reus and mens rea in cases involving algorithmic behavior, and interrogates whether AI entities can or should be treated as legal subjects under penal law. Through a comparative legal analysis of jurisdictions including the United States, the European Union, Japan, and Indonesia, the study identifies divergent approaches to regulating AI-related harm and assigning culpability. The article highlights emerging models such as strict liability, vicarious liability, and hybrid regulatory frameworks, and evaluates their potential for adaptation within Indonesia’s evolving legal system. Special attention is given to the role of developers, corporations, and state actors in shaping accountability mechanisms. The paper concludes by proposing a normative framework for reimagining criminal liability in the age of AI—one that balances innovation with legal certainty, and integrates ethical safeguards, technological transparency, and procedural fairness. This framework aims to inform future legislative reform in Indonesia and contribute to global discourse on AI governance and criminal justice.
Copyright (c) 2025 Muhammad Azil Maskur, Ali Masyhar, Ratih Damayanti, Diandra Preludio Ramada, Subhra Sanyal (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Role of A Judge’s Conscience in Deciding Criminal Cases: Practice of Criminal Justice in Indonesia
As the leading actor in the criminal justice system in Indonesia, a judge must engage in a dialogue with their conscience before deciding on a criminal case to ensure true justice for all parties. This article aims to analyze the functioning of judges’ consciences in their decisions within the criminal justice system in Indonesia. Therefore, a literature study was conducted. Data is collected by reading and tracing various relevant documents. Furthermore, the data were analyzed using descriptive qualitative methods. The results are as follows: first, conceptually, judges who have a conscience are constantly in dialogue with their consciences, and then they decide cases according to their sincere consciences. Second, in the context of criminal justice in Indonesia, judges are obligated to heed the promptings of their conscience every time they decide on a criminal case. This is because the ultimate goal of criminal justice is to uncover the truth and ensure justice for all parties, namely society, victims, and perpetrators of crimes. However, in fact, there are still judges who disregard their conscience and are easily influenced by extrajudicial powers, such as mass pressure and political interests. For this reason, it is necessary to submit several recommendations: (1) all parents should teach their children the importance of a simple, honest, committed, and responsible life because the family is a cell of society, a place for seedling law enforcement officials, including judges; (2) optimizing the role of the judicial commission in the form of policy support and adequate funds so that the institution can recruit prospective judges and professionally supervise the behavior of judges; (3) Judges who are involved in moral violations or abuse of power are subject to severe criminal sanctions to create a deterrent effect.
Copyright (c) 2025 Antonius Sudirman, Konstantinus Bahang, Joel Casimiro Pinto (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Manipulated Stocks and Corruption: Lessons from Three Indonesian Verdicts
The Jiwasraya, Asabri, and DP4 cases are major financial scandals in Indonesia involving stock price manipulation and corruption. These crimes stemmed from weaknesses in capital market regulations, weak oversight, and conflicts of interest in the management of investment funds in state financial institutions. The perpetrators exploited regulatory loopholes to divert funds into low-quality stocks whose prices were manipulated through fraudulent transactions and misleading information. The state losses, reaching hundreds of trillions of rupiah, underscore the need for financial governance reform and regulatory strengthening. The legal verdicts in these cases have a deterrent effect, with severe penalties for perpetrators, including life imprisonment and the confiscation of assets. Furthermore, capital market regulations have been tightened, a risk-based oversight system has been implemented, and transparency in the management of public funds has been increased. To prevent similar crimes, stricter oversight of investments by state-owned insurance companies and pension funds, increased transparency in financial reporting, and synergy between institutions in financial law enforcement are needed. Stronger regulatory measures can curb stock price manipulation linked to corruption, thereby restoring trust in the capital market and the national financial system.
Copyright (c) 2025 Henry Chevalier, Benny Sumardiana, Waspiah Waspiah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Transforming Democratic Policing in the Digital Era for Law Enforcement Accountability in Indonesia
The phenomenon of “No Viral No Justice” illustrates how legal justice is increasingly shaped by social media exposure, where only viral cases tend to receive serious attention from law enforcement agencies. This article analyzes the relationship between social media virality and the concept of Democratic Policing (DP), introducing a new conceptual framework termed Digital Democratic Policing (DDP). Through a literature review of 18 scientific journal articles, this study integrates five primary theories: (1) Social Movement Theory, (2) Public Sentiment Analysis, (3) Media Exposure Theory, (4) A Theory of Justice, and (5) Democratic Policing. The findings indicate that digitalization has enhanced DP practices by making them more transparent, participatory, and open to public scrutiny. However, digitalization also creates challenges, including trial by social media and the spread of disinformation. Within this context, the DDP framework is positioned not only as a response to the digital era but also as a medium for legal reform, emphasizing technology-based transparency, public participation in digital spaces, and accountable police governance. By embedding DDP into broader law enforcement reforms, policing can move beyond reactive measures toward a proactive system that restores legal certainty and strengthens democratic legitimacy. This study expands the scope of DP research into the digital domain and recommends adaptive policing policies grounded in justice, democracy, and reform-oriented practices. Generally, the DP approach shifts law enforcement from a coercive model to one that is collaborative and responsive, where legal legitimacy is primarily built upon public trust, forming the core of democratic security systems.
Copyright (c) 2025 Idris Sandiya, A. Hanief Saha Ghafur, Solikhah Yuliatiningtyas (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Digital Transformation With the Impact of AI in Government Decision Making
This abstract reviews digital transformation in the context of government decision making with respect to the impact produced by AI and the implications for constitutional law. Digital transformation has become the main driver in the industrial revolution that has swept across various sectors, including the government. The presence of AI in the governmental decision-making process provides an increase in efficiency, accuracy, and responsiveness in answering the complexity of the problems faced. However, the presence of AI in government decision making raises a number of legal questions that need to be taken into account. These issues are related to transparency, accountability, privacy, and fairness in applying the AI technology by the government. In the context of constitutional law, adjustments and improvements of regulations need to be made to accommodate the new dynamics introduced by digital transformation with the existence of AI. Therefore, it is important to undertake efforts to understand and predict the impact of AI in decision making by the government and its implications on constitutional law to direct the development of inclusive and sustainable public policy in this digital era.
Copyright (c) 2025 Firman Freaddy Busroh, Fatria Khairo, Aprila Niravita, Bhanu Prakash Nunna (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Green Ecology Questionnaire (GEQ) Based on Understanding of Cosmic Religious Environmental Law
The current environment has been exploited without consideration or regard for sustainability and ecological balance. Forests have been plundered and burned, natural resources have been depleted without any effort to replenish them, and development in many cities has ignored spatial planning. All of these actions have ultimately resulted in severe environmental degradation. The decline in the carrying capacity and capacity of the environment, pollution and destruction of the environment, climate change, deforestation, and damage to terrestrial and marine ecosystems have become serious threats to the survival of humans and other living creatures. The issue examined in this paper is how to revive public understanding and awareness (participation) of the law in preserving the function of the environment. This paper uses a philosophical and legal hermeneutic approach, which is to look at the fundamental side using the method of text criticism, which refers to how the grand discourse on environmental law is criticized through several main references. Through this approach and method, it is hoped that the Green Ecology Quitionent (GEQ) model concept can be developed based on cosmic religious environmental law. Cosmic religion is a fundamental concept of diverse local wisdom possessed by Indonesian society. This model concept is expected to become a reference or starting point for the development of environmental policy, environmental education, law enforcement, management, and preservation of environmental functions in Indonesia.
Copyright (c) 2025 Mella Ismelina Farma Rahayu, Anthon Freddy Susanto, Amad Sudiro (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Disability Law Reform in Indonesia: Analyzing Policy Gap Implementation in Kudus Regency
Regional Regulation Number 10 of 2021 on the Protection and Fulfillment of the Rights of Persons with Disabilities in Kudus City is a hope for the realization of an inclusive city. The number of people with disabilities in Kudus City reaches 0.5% of the total population of Kudus. Still, data in the field reveal that implementing the Disability Regional Regulation in Kudus faces significant implementation barriers. This study examines legal reforms that can be carried out by focusing on complementing the shortcomings of previous studies, which more often portrayed the success of the implementation of the Regional Regulation and disregarded the aspects of obstacles and barriers in the implementation process. In addition, this study analyzes the failure of implementing the Disability Regional Regulation and the factors causing it. The design of this study is qualitative, where data collection was performed through interviews, online sources, and reports. The leading theory used in this study is the implementation of policies from George C. Edward III. The findings of this study stated that four variables must be re-evaluated in implementing the Disability Regional Regulation in Kudus, including communication, resources, disposition, and bureaucratic structure. The results of this study include a recommendation for the regional government to promptly enact the Regent Regulation (Perbup) so that the goals of protecting and fulfilling the rights of persons with disabilities can be achieved without further delay.
Copyright (c) 2025 Siti Malaiha Dewi, Umi Qodarsasi, Novian Uticha Sally, Muhammad Hasan Syamsudin, Muhammad Azil Maskur (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Criminal Law Reform in Education Based on Human Rights: A Comparative Perspective
Educational criminal law aims to protect human rights for both teachers and students. This research aims to analyze the reform of criminal law in education by comparing the laws of Indonesia, Finland, and Egypt. This research is a normative legal study with a comparative, conceptual, and legislative approach. The novelty of this research lies in the substance of criminal law regulations in the field of education in Indonesia, which are still general, such as sanctions for teachers who commit molestation against students. The novelty of this research is that in Finland, the critical role of SOOL as a teacher professional organization is being implemented in cases involving teachers and students, and in Egypt, where criminal sanctions related to the abuse of authority in establishing higher education institutions are emphasized. The reform of criminal law in the field of education in Indonesia can be directed towards protecting teachers and involving teacher professional organizations to ensure that teachers cannot be criminally prosecuted for imposing disciplinary sanctions, while also guaranteeing student protection. This research recommends the need for specific regulations on criminal sanctions in the field of education in a separate special or sectoral law as a lex specialis of the New Criminal Code.
Copyright (c) 2025 Pudji Astuti, Thamasi Konara (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Benefit-Based Corruption Eradication Policy: A Comparison Between Indonesia and the UK
This research analyzes benefit-based corruption eradication policies in Indonesia and the UK while exploring the fundamental differences in anti-corruption strategies in the two countries and the possibility of implementing more effective policies in Indonesia. The method used in this research is normative juridical with a literature study approach. The results indicate that Indonesia and the UK adhere to different approaches to combating corruption. The UK implements a system based on legal certainty, transparency, and strict accountability while instilling a culture of integrity in the government system and the private sector. In addition, the UK has an independent anti-corruption agency with strict regulations integrated into the national legal system. However, policies in Indonesia still face challenges in terms of law enforcement, independence of anti-corruption institutions, and transparency of state financial management. To improve the effectiveness of corruption eradication in Indonesia, this research recommends a policy reconstruction that draws on UK practice. This measure includes strengthening independent anti-corruption institutions, implementing a stricter transparency system, and integrating anti-corruption policies into all national regulations. Applying the principle of expediency in corruption eradication policies is expected to foster a more effective, accountable, and sustainable system in corruption eradication in Indonesia.
Copyright (c) 2025 Sahuri Lasmadi, Ahmad Novindri Aji Sukma (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Law Reform, Justice, and Sustainable Tourism: Evaluating Legal Impacts on Hospitality Growth and Environmental Sustainability
This study evaluates 97 countries from 2012 to 2022 using a dynamic panel data approach with a threshold model, which allows for analyzing how the impact of key variables may change over time and differ across countries depending on specific conditions or thresholds This study considers the variables Total Hotel Guests, Work Participation, World Justice Project Index, and CO2 emissions. The study discovered that the quality of fair legislation significantly influences hotel performance growth, employee engagement, and environmental sustainability. The factors’ influences differ before and after attaining the World Justice Project Index threshold value, as indicated by the threshold value 1.223. When the value of the World Justice Project Index falls below the cutoff, the relationship between Total Hotel Guests and other variables is weaker. However, when the World Justice Project Index value exceeds the threshold, the relationship between Total Hotel Guests and these variables strengthens. A high World Justice Project Index reflects a strong legal system, human rights protection, and good civil justice. Countries with high World Justice Project Index values tend to attract more tourists. Work participation contributes to an increase in total hotel guests. A good World Justice Project Index creates a conducive business environment, promotes economic growth, and increases employment opportunities. Any increase in CO2 emissions will reduce the total hotel guests. A low World Justice Project Index can impact environmental quality, including air pollution. A poor environment can reduce the attractiveness of a destination and hinder tourism growth. Fair laws significantly impact the tourism and hospitality industry.
Copyright (c) 2025 Dewi Astutty Mochtar, Supriyadi Supriyadi, Suryaning Bawono, Kadek Wiwik Indrayanti, Eka Nugraha Putra (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reforming Social Rights for International Refugees in Indonesia: Towards Enhanced Welfare and Legal Protection
Refugees constitute a highly vulnerable population, frequently exposed to severe human rights violations or neglect. Refugees are often undergone variable restrictions like on speech, travel, education, and economic activities. Particularly at risk are their rights to decent work, livelihoods, and access to education for children. The inability to secure dignified work profoundly exacerbates the challenges in fulfilling educational rights within refugee communities. This article investigates the systemic vulnerabilities leading to the potential violation of these critical social rights for international refugees in Indonesia. As a nation that has not ratified the 1951 Convention on the Status of Refugees, Indonesia operates without a comprehensive domestic legal framework explicitly governing refugee social rights. Nevertheless, its responsibilities as a member of the global community, coupled with inherent humanitarian principles, morally and ethically obligate the protection of these fundamental rights. Drawing on comparative legal analysis and good practices from other nations, this paper aims to identify specific areas for legal and policy reform in Indonesia. These reforms are crucial for providing adequate protection for refugees’ rights to work and education, within the practical capabilities of the state, and without compromising the security and public order rights of its citizens. Ultimately, this research underscores the urgent need for domestic legal reform to enhance refugee welfare and ensure their human dignity in Indonesia.
Copyright (c) 2025 Ayub Torry Satriyo Kusumo, Grishafa Anggita Erdiyasa, Etta Nethania, Anis Widyawati, Sri Lestari Rahayu (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reforming Legal Frameworks for Human Capital: Digital Strategies Driving Industry 5.0 and Sustainability
The transition to Industry 5.0 necessitates a robust legal framework to regulate human capital investment, ensuring digital workforce development aligns with labor protections and Sustainable Development Goals (SDGs). This study examines the regulatory structures governing human capital investment in Indonesia, the European Union, and the United States, evaluating their effectiveness in addressing digital transformation challenges, AI-driven employment governance, and workforce adaptability. A mixed-methods approach integrates legal analysis with empirical assessments of policy effectiveness, workforce investment trends, and labor market outcomes. Findings reveal significant disparities in AI workforce governance, skill accreditation, and automation labor rights. Indonesia’s fragmented legal framework hinders workforce reskilling and AI employment governance, while the European Union’s AI Act provides a structured, albeit inconsistently implemented, model for digital employment regulation. The United States, despite its technological leadership, lacks federal AI workforce policies, leading to state-level regulatory variations. The study underscores the necessity of harmonized legal frameworks to bridge workforce skill gaps, protect labor rights, and advance SDG-aligned workforce policies. Future legal reforms must prioritize AI governance, digital workforce training, and cross-border labor protections to ensure equitable workforce transitions. Strengthening public-private partnerships, standardizing AI employment regulations, and enhancing labor rights enforcement will be essential for fostering sustainable human capital investment in the industry 5.0 era. The contribution of research extends beyond theoretical frameworks, providing substantial implications for policy formulation, industry practices, educational advancements, and societal improvements.
Copyright (c) 2025 Gunawan Tjokro, Zaenuri Zaenuri, Heri Yanto , Fathur Rokhman, Abdul Rajagukguk, Tajudeen Sanni (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Blockchain and Corporate Criminal Liability: Law Reform and the Technological Revolution in Corporate Accountability
The rapid development of blockchain technology is reshaping various dimensions of governance, particularly in strengthening corporate accountability and addressing corporate criminal liability. This paper examines how blockchain, through its inherent features of decentralization, transparency, immutability, and smart contracts, can offer innovative tools to reform legal frameworks governing corporate behavior. These features enable more robust compliance monitoring, secure and tamper-proof evidence handling, and efficient fraud detection mechanisms. By integrating blockchain into corporate governance systems, companies can enhance regulatory compliance and reduce the risks of misconduct. Smart contracts, in particular, allow the automation of enforcement procedures, minimizing human error and corruption while increasing legal predictability. This paper further explores how blockchain facilitates proactive legal oversight and redefines how liability is tracked and enforced within corporate structures. Despite its potential, the adoption of blockchain within legal systems faces several challenges, including regulatory ambiguity, privacy issues, and the necessity for international legal harmonization. To illustrate the real-world application of blockchain in legal reforms, this study presents comparative case analyses from jurisdictions that are at the forefront of blockchain regulation and implementation in corporate governance. Ultimately, this paper argues that blockchain serves not merely as a technological tool but as a catalyst for transforming the philosophy and practice of corporate criminal liability. To realize its full potential, collaborative efforts among legislators, regulators, and private sector actors are essential. The paper concludes with strategic recommendations for incorporating blockchain into corporate criminal law, aiming to enhance transparency, ensure compliance, and strengthen governance frameworks in line with technological progress.
Copyright (c) 2025 Herlina Manullang, Zico Junius Fernando, Asrul Ibrahim Nur (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Hybrid Model of Personal Data Protection for Consumers in Digital MSMEs: A Comparative Study of Indonesian and China Regulations
The protection of consumers’ personal data in digital MSME (Micro, Small, and Medium Enterprises) businesses poses a significant challenge in the era of digital transformation, particularly amid the rising cases of data breaches in Indonesia. Although Law No. 27 of 2022 on Personal Data Protection (PDP Law) has come into effect, its implementation still faces numerous obstacles, especially for MSMEs that are limited in terms of resources and technological understanding. By comparison, China, through its Personal Information Protection Law (PIPL), enforces strict supervision combined with AI-driven compliance technologies. This study aims to analyze the effectiveness of personal data protection frameworks in Indonesia and China and to propose a hybrid model that integrates government regulations with technological solutions. The research employs a normative juridical method using statutory, conceptual, and comparative law approaches, relying on secondary data such as regulations, academic journals, and policy documents. The findings indicate that adopting a hybrid model for the protection of consumers’ personal data in digital MSME businesses could serve as an effective solution. This model merges a compliance-based approach, as adopted under Indonesia’s PDP Law, with the strict oversight mechanisms implemented under China’s PIPL. By adapting mechanisms such as mandatory registration, periodic audits, and technology-based compliance incentives, Indonesia could enhance transparency, accountability, and data security within its digital MSME ecosystem.
Copyright (c) 2025 Yosia Hetharie, Isis Ikhwansyah, Ema Rahmawati, Valentino Dinatra Soplantila (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Sexual Violence Offenses in Child Forced Marriage Due to Extramarital Pregnancy
The enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (TPKS Law) categorizes child marriage as a form of sexual violence (Article 4 in conjunction with Article 10), allowing for criminal penalties against the perpetrators. However, the TPKS Law does not provide clear criteria for defining child marriage, making its implementation challenging. This research employs a normative method, utilizing a statute approach, conceptual approach, and case approach. In several urban cases, child marriage occurs due to extramarital pregnancies, which are often used as justification by parents to compel their children to marry-despite the child’s unwillingness. The primary reason given is to preserve the family’s honor. Judges typically approve marriage dispensation requests submitted by parents based on the notion of the common good. Such approvals reinforce the assumption that the marriage is consented to by the child, even when the child actually has no other options. In many instances of child marriage, husbands frequently abandon their wives after the marriage ceremony, as their primary motivation for marrying is not to assume responsibility as husbands and fathers. This situation exacerbates the wife’s condition, forcing her to bear the responsibilities of parenthood alone while facing societal stigma. This qualitative prescriptive legal analysis identifies variables that can be used to determine whether a forced marriage can be regarded as sexual violence. These variables also aim to provide certainty in the fair enforcement of the law, particularly for young women, who represent a vulnerable group.
Copyright (c) 2025 Nashriana Nashriana, Putu Samawati, Suci Flambonita, Vera Novianti, Muhamad Sayuti Hassan (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Criminal Liability for Corruption of Bribery: Problems and Legal Reform
This study aims to clarify the concerns of bribery and corruption within Indonesia’s legal framework for combating corruption, particularly with the duality in establishing legal norms that support criminal liability for bribery offenses. After identifying the concerns, this study aims to suggest ideas for amending bribery and corruption legislation based on legal certainty. This normative legal examination utilizes a legislative methodology and a comparative law framework. The study’s findings reveal that the Corruption Eradication Law, which regulates bribery offenses, engenders legal ambiguity in enforcing such crimes, as the legislators, namely the government and the Indonesian Parliament, have instituted provisions for bribery offenses that lack consistency. The manifestation of this phenomenon is mainly determined by the subjective assessments of law enforcement officials concerning the relevant statute. The subjective discretion of law enforcement officials in choosing relevant statutes may lead to the abuse of power concerning civil servants,state officials, and judges who accept bribes. To establish legal certainty, criminal liability for bribery may be achieved by amending Article 12(a) of the Corruption Eradication Law as follows: A civil servant or state official who accepts a gift or promise, with knowledge or reasonable suspicion that it is intended to induce him to act or refrain from acting contrary to his obligations, shall face a prison sentence of no less than 1 year and no more than 20 years, in addition to a penalty equivalent to five times the value of the bribe.
Copyright (c) 2025 Rian Saputra, M Zaid, Muhammad Kurniawan Budi Wibowo, Willy Naresta Hanum, Devi Triasari (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Overcapacity in Indonesia’s Prisons: The Role of Criminal Law Reform in Sustainable Solutions
Overcrowding is an unresolved problem occurred in Indonesia. So far, most criminal acts are threatened with a criminal sentence in the form of imprisonment. The reform of this Indonesian criminal law has been realized with the enactment of Law Number 1 of 2023. This research aims to examine the contents of Law Number 1 of 2023 concerning the Criminal Code as an update to the Criminal Code/Wetboek van Strafrecht (WvS), which has been in force in Indonesia. This is the doctrinal research with a conceptual and comparative approaches. The findings show that the revised Criminal Code introduces a novel approach to criminal law by explicitly outlining the objectives and guidelines for punishment, thereby directly influencing law enforcement practices. Furthermore, this new Criminal Code also provides alternative sanctions other than imprisonment.
Copyright (c) 2025 Riski Dysas Prabawani, Pujiyono Pujiyono, Dodi Roikardi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reformulation of Law Decision Bias on Restitution Payments in Sexual Violence Crimes (Comparison of Indonesia and The Netherlands)
Sexual violence is an increasingly prevalent crime in Indonesia. Article 16 of Law Number 12 of 2022 on Criminal Acts of Sexual Violence states that, in addition to imprisonment, fines, or other criminal penalties as outlined in the Law, the judge is required to determine the amount of restitution for criminal acts of sexual violence that carry a sentence of four years in prison or more. One form of compensation available to victims of the criminal acts of sexual violence is restitution payments made by the defendant. However, many Panels of Judges still deny cases of the criminal acts of sexual violence restitution, particularly in verdicts where the defendant faces a four-year sentence or more. Several reasons explain why judges do not determine restitution payments by the defendant to the victim: the first is bias regarding the amount of compensation for victims in the judge’s decision; the second is that the request for payment restitution must be formally submitted; and the third concerns how to reformulate the determination of restitution in sexual violence cases (a comparison of Indonesia and the Netherlands).
Copyright (c) 2025 Panusunan Panusunan, Anis Widyawati, Dewi Sulistianingsih, R. Kemala Nababan (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Strengthening The Coordination Function of The Forestry Ministry: Legal Reform in The “Merah Putih” Cabinet For Modern Bereaucracy
This study aims to evaluate how the coordination function of the Ministry of Forestry has been strengthened following its separation from the Ministry of Environment. This separation seeks to ensure that the Ministry of Forestry does not cultivate sectoral egos that hinder forest conservation efforts in Indonesia, thereby promoting a modern bureaucracy, mutual oversight, and balanced management of forestry as a crucial and strategic government priority, especially in light of the ongoing transition of forests to non-forestry uses since the reform era. Weak coordination can significantly affect forest protection, which is inherently tied to legal and justice issues. The “Merah Putih” Cabinet is the most significant cabinet since the New Order Era through the reform era, likely resulting in numerous vertical and horizontal coordination challenges that could obstruct the effective management of various tasks, functions, and ministerial roles. This research employs a normative juridical method with legislative, conceptual, and historical perspectives. In conclusion, there is a need to evaluate internal and external strengthening among ministries. The structure of an independent forestry ministry is not adequately aligned with its responsibilities and functions in managing Indonesia’s forest resources and potential natural wealth as a prosperous nation. It is vital to assess the role of the coordinating minister overseeing the Ministry of Forestry, as placing forestry issues under the Coordinating Ministers for Food, Maritime Affairs, and Economic Affairs does not sufficiently address forestry challenges, which are more related to the laws governing the conservation of living organisms and their intact, integrated ecosystems.
Coordination of the Ministry of Forestry
Copyright (c) 2025 Elita Rahmi, Fitria Fitria, Eko Nuriyatman, Teguh Yuwono, Afrizal Nehemia Toscany (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Reform in Space: Navigating the Future of Cosmic Mining Regulations
The rapid advancement of space technology and the increasing demand for natural resources have heightened interest in extraterrestrial resource extraction, particularly Helium-3 from the Moon. However, space mining is contentious in international law, as only a few nations currently have the capability to extract these resources. This raises concerns among emerging space actors, like Indonesia, about equitable benefit-sharing as outlined in the Outer Space Treaty (OST). The Moon Agreement aimed to create a legal framework for lunar resource utilization, but its effectiveness is limited due to the lack of ratification by major spacefaring nations. This situation has sparked international debate on whether current space law adequately governs space mining or if legal reform is needed to ensure fair access and sustainable development. The absence of a universally recognized regulatory regime, akin to the seabed mining framework under the United Nations Convention on the Law of the Sea (UNCLOS), complicates the issue further. This paper uses a normative juridical method to explore the legal challenges of space mining, especially from the perspective of emerging space actors. Without a comprehensive regulatory framework, unchecked exploitation of lunar resources could lead to severe environmental consequences and exacerbate disparities in access to space resources. Legal reforms are necessary to promote sustainability and equitable participation, limiting the dominance of spacefaring nations and protecting the rights of emerging space actors in the expanding space economy.
Copyright (c) 2025 Yaries Mahardika Putro, Muhammad Insan Tarigan, Haekal Al Asyari (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Reform in Business Dispute Resolution: A Study of Legal Pluralism in Indonesia, Vietnam, and Thailand
Legal pluralism in the resolution of business disputes in Indonesia, Vietnam, and Thailand illustrates the intricate interplay between the particular and the general elements of the national laws, international laws, and other legal systems, which allow for flexibility in resolving disputes, but at the same time brings problems for legal integration and certainty for the business people. This study examines the role of legal pluralism in the resolution of business disputes in Indonesia, Vietnam, and Thailand. Legal pluralism creates an interaction between national law, international law, and other legal systems, providing flexibility in dispute resolution while also posing challenges to integration and legal certainty for business practitioners. The research approach employed is a legal study focusing on literature regarding legal pluralism and business dispute resolution systems. The analysis method used is normative-qualitative, utilizing legislative, conceptual, and comparative methods. The research findings show that legal pluralism in business dispute resolution in Indonesia, Vietnam, and Thailand offers flexibility but also creates legal uncertainty. In Indonesia, the coexistence of civil, Islamic, and customary law leads to overlapping jurisdictions. Vietnam's state-controlled legal system incorporates arbitration and mediation but struggles with enforcing international awards. Thailand balances civil law with Buddhist-influenced mediation, favoring informal resolution but facing enforcement challenges. While legal pluralism enhances accessibility to justice, its effectiveness depends on legal integration and enforcement mechanisms to ensure certainty and fairness in business disputes.
Copyright (c) 2025 I Gede Agus Kurniawan, Putu Aras Samsithawrati, Ni Ketut Supasti Dharmawan, Fradhana Putra Disantara, Ruetaitip Chansrakaeo (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Reform in Village Law-Making Process Using Artificial Intelligence: Is It Necessary?
This article aims to discuss how Village Regulation should be implemented in the digital age, whether using artificial intelligence or conventional methods. Indonesia is a big country with too many villages, such as the small Regency/City of Malang, which has almost 390 villages (with different terms, both desa and kelurahan). The problem was raised while those villages were drafting Village Regulation. By using a legal research method, this research examines how AI could help in the village law-making process. To do that, this article combines both normative and empirical studies by analyzing the norms and literature, as well as understanding the respondent answers spread out by Google Forms. As a result, this paper finds that some AIs are necessary for drafting village regulations, such as ChatGPT, Gemini, Scopus AI, and so on. However, those AI should be used responsibly, with an honest principle, an open mind, and the avoidance of plagiarism.
Copyright (c) 2025 Sholahuddin Al-Fatih, Ali Roziqin, Muhammad Dahlan Asyari, Souad Ezzerouali (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Reform in the Relocation of Indonesia’s Capital: Challenges and Implications
Moving Indonesia’s capital city to the archipelago is a strategic policy aimed at addressing development inequality, reducing the burden on Jakarta, and creating a more sustainable center of government. However, the rapid legislative process and lack of public participation raise questions regarding the legitimacy of the policy. This study aims to analyze the legal politics of the National Capital City Law (UU IKN) as well as the social, economic, and environmental implications of relocating the capital city. Using a normative method with a descriptive and comparative approach, this study examines relevant regulations as well as other countries’ experiences in capital city relocation. The results show that capital city relocation faces challenges in governance, protection of indigenous peoples’ rights, as well as environmental impacts such as deforestation and increased carbon emissions. From an economic perspective, while it is expected to boost investment and regional development, the project faces funding constraints as well as social risks for affected communities. Therefore, more inclusive, transparent and sustainability-based policies are needed to ensure the success of this project. Strong regulations, fair compensation mechanisms for affected communities, and strict environmental policies should be top priorities. With a comprehensive approach, the archipelago can develop into a modern, competitive and sustainable capital city.
Copyright (c) 2025 Hasrin Jamrudin, Yeni Widowaty, Iwan Satriawan, Nanik Prasetyoningsih, Fikram Rettob (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Optimizing Digital Technology and Institutional Reform to Elevate the International Reputation of Universities in Indonesia and Malaysia
Indonesian universities are increasingly expected to enhance their international reputation, particularly in comparison to Malaysian institutions, which have achieved higher global rankings. Key indicators of international recognition include publications, citations, and research. This study aims to compare the use of digital media by universities in Indonesia and Malaysia in supporting these indicators. The research will address three main questions: the role of government regulations and facilities in both countries in shaping university reputation, how universities utilize their official websites or portals, and the similarities and differences in digital strategies. A qualitative comparative approach will be applied, using primary data from regulations and university portals, along with secondary sources such as interviews, literature, and media. Relevant regulations include Indonesia’s Higher Education Law and Malaysia’s Education Act 1996. This study focuses on the digital presence of Universitas Negeri Semarang (Indonesia) and Universiti Teknologi MARA (UiTM) Malaysia. While both institutions utilize digital platforms, UiTM has shown more advancements in e-learning and digitizing administrative processes. In contrast, Universitas Negeri Semarang continues to improve its digital content to enhance accessibility and interactivity. By analyzing these approaches, this study seeks to highlight best practices and areas for improvement, ultimately contributing to the broader effort of strengthening Indonesian universities’ global standing.
Copyright (c) 2025 Irawaty Irawaty, Dani Muhtada, Dina Silvia Puteri, Roziya Abu, Ayup Suran Ningsih (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Reform in Interfaith Marriage Under Supreme Court Circular No. 2 of 2023
Human nature, being composed of different genders—men and women—naturally drives the attraction and union through marriage, fulfilling the desire to live together. As outlined in Article 1 of Marriage Law No. 1 of 1974, marriage is a physical and emotional bond between a man and a woman as husband and wife, intended to establish a happy and lasting family founded on the principles of God Almighty. Marriage, therefore, holds religious significance, uniting a man and a woman as husband and wife. This study examines the Supreme Court’s decision prohibiting court rulings on interfaith marriages. Using normative research methods, the study analyzes Article 2, Paragraph 1 of the Marriage Law, which states that a marriage is valid if conducted according to the laws of each religion and belief. In response to ongoing debates and increasing pressure due to granted applications for interfaith marriage registration by district courts, the Supreme Court of Indonesia issued Supreme Court Circular Letter No. 2 of 2023. This circular guides judges in adjudicating interfaith marriage applications. The issuance of the circular aims to resolve the controversy surrounding interfaith marriages, which have led to various legal and social issues. Previously, judges based their decisions on Law No. 23 of 2006 on Population Administration, leading to the approval of interfaith marriage applications. However, with SEMA No. 2 of 2023, a clear directive has been established to prevent legal uncertainty and ensure uniformity in court rulings regarding interfaith marriages.
Copyright (c) 2025 Nurul Miqat, Safrin Salam, Adfiyanti Adfiyanti, Kayode Muhammad Ibrahim, Abidemi Hassan (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Reform of the Division of Authority for Mining Affairs: Balance between Regional Autonomy and National Interests
This study aims to analyze and find the legal reform of the division of authority for mineral and coal mining affairs between the Central Government and Regional Governments, so that a regulatory model can balance the principle of regional autonomy and national interests. This research is a normative legal research with a statute, conceptual, and case approach. This study found that after Law No. 3 of 2020 and Law No. 6 of 2023, there was a centralization of mineral and coal mining affairs, which led to the creation of injustice and legal uncertainty for autonomous regions. These regulations, from the perspective of balancing the principle of regional autonomy and the principle of national interests, need to be reformed trough the division of mineral and mining affairs between the Central Government and the autonomous regions based on the principle of justice by using the principles of externality, accountability, and efficiency. Meanwhile, the Central Government can use the principle of national strategic interests for several mineral and coal mining sub-affairs. In Addition, the delegation authority model should be removed and Article 18 paragraph (5) of the 1945 Constitution of the Republic of Indonesia needs to be amended, so that the division of government affairs provides justice and legal certainty for autonomous regions.
Copyright (c) 2025 Syofyan Hadi, Sultoni Fikri, Baharuddin Riqiey, Islambek Rustambekov (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Reform in Customary Marriage Law in Indonesia and South Africa for Inclusive Justice
Customary law shapes South African and Indonesian culture and society. However, adopting customary marital law into national legal systems is difficult. These include value conflicts between regional traditions and positive law’s universal principles, such as recording marriages, protecting children, and ensuring gender equality. Within Indonesia’s legal system, customary law practices are not well accommodated. Customary law is acknowledged under South Africa’s constitution, however its application is fraught with difficulties. This study aims to (1) comprehend positive law and its correlation with customary marriage law, (2) analyze the difficulties of integrating customary marriage law with positive law in South Africa and Indonesia, and (3) evaluate the future prospects of this domain. The study’s findings and suggestions might foster a more equitable society and promote legislation that honors universal ideals and traditional customs. This comparative and qualitative study use normative legal techniques to analyze pertinent literature, legal concepts, and norms. This paper highlights the main barriers to merging positive and customary marriage legislation. Examples are administrative obstacles like marriage registration and customary norms that conflict with human rights. The proposed framework respects traditional values to uphold human rights and social fairness. Keywords include normative marriage law, positive law, social justice, gender equality, and legal integration.
Copyright (c) 2025 Yenny Febrianty, Nadya Restu Ryendra, Asmida Ahmad, Ariyanto Ariyanto (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Absence of Judicial Review on Constitutional Amendments in Indonesia: Urgency and Legal Reform for Constitutional Safeguards
The judicial review of constitutional amendments remains underexplored in Indonesia’s legal framework despite its recognition in global constitutional discourse. Several jurisdictions, including India, Germany, and Colombia, Turkey have established judicial safeguards to prevent amendments from undermining fundamental constitutional principles. This study aims to propose a judicial review model for constitutional amendments in Indonesia to ensure the protection of constitutional identity and democratic principles. Using a comparative legal approach, this study examines international judicial practices alongside a normative analysis of Indonesia’s constitutional framework. The findings highlight three key justifications for judicial review in Indonesia: historical, philosophical-juridical, and sociological. Historically, constitutional transitions have often violated procedural norms, as seen in the 1959 Presidential Decree, which reinstated the 1945 Constitution through executive action. Philosophically, Pancasila, as Indonesia’s foundational ideology, holds a supra-constitutional status and should serve as a benchmark for amendment review. Sociologically, the absence of review mechanisms exposes constitutional amendments to political manipulation, such as attempts to extend presidential term limits. This study advocates for an a posteriori judicial review model, granting the Constitutional Court the authority to assess amendments post-enactment. This model aligns with international practices and strengthens constitutional safeguards against politically motivated amendments. Implementing such a mechanism would uphold constitutional supremacy, democracy, and the rule of law in Indonesia.
Copyright (c) 2025 Novendri M. Nggilu, Zulkifli Zulkifli, Yassine Chami, Indra Perwira, Ali Abdurahman (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Reform and Mediation in Non-Litigation Dispute Resolution: A Case Study of Sebambangan Tradition
Dispute resolution in indigenous communities tends to be based on family values. This is evident in the Sebambangan tradition where a man elopes with a girl and marries her as his wife. In these cases, dispute resolution is done through mediation (non-litigation) as it is considered more effective for creating harmonization, avoiding conflict, and justice. This research examines the process of non-litigation dispute resolution, namely mediation, in the tradition. This study is a qualitative study using a socio-legal approach. The study was conducted in the Mergo Sekampung indigenous community in East Lampung. Data were collected through observation and interviews with traditional leaders in five villages. The research findings show that the mediation process in the tradition begins with the male party apologizing for the mistakes made. This process is carried out in deliberation and is accompanied by traditional leaders as mediators. Mediation in Sebambangan is part of the living law that prioritizes kinship in dispute resolution. In positive law, the mediation process in the tradition of the Sekampung Marga community in East Lampung follows the material legal basis in Indonesia as in Article 1338 of the Civil Code and Articles 1851 to 1864 of the Civil Code concerning Peace. Thus, dispute resolution in the Sebambangan tradition makes it an alternative dispute resolution in a conflict carried out with family principles to achieve peace and contribute to legal reform in Indonesia and beyond.
Copyright (c) 2025 Sainul Sainul, Zezen Zainul Ali, Wahyu Abdul Jafar, Sakirman Sakirman (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Reform in Political Party Financing in Nigeria: Strengthening Frameworks and Enhancing Enforcement Mechanisms
Political party financing remains a critical issue in Nigeria’s democratic governance, with weak enforcement of electoral laws facilitating corruption, undue political influence, and electoral malpractice. While Nigeria possesses a robust legal framework, enforcement inefficiencies and regulatory loopholes undermine financial transparency and accountability in political processes. This paper critically examines the existing legal framework governing political party financing in Nigeria, particularly the 1999 Constitution and the Electoral Act 2022, and advocates for comprehensive reforms to enhance compliance mechanisms. Adopting a doctrinal research methodology, the paper analyses statutory provisions, judicial precedents, and international best practices to identify key areas for legal and institutional improvements. The findings reveal that effective enforcement is hindered by political interference, inadequate regulatory oversight, and outdated legal provisions. To address these challenges, this study recommends targeted reforms, including strengthening the financial disclosure obligations of political parties, increasing penalties for violations, and establishing an independent electoral finance monitoring unit within the Independent National Electoral Commission (INEC). By aligning Nigeria’s framework with global best practices, these reforms will promote greater transparency, accountability, and fairness in the country’s political finance system.
Copyright (c) 2025 Jenigho Philip Esavwede, Peter Ikechukwu Gasiokwu, Godswill Owoche Antai (Author) https://creativecommons.org/licenses/by-nc-sa/4.0