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]
Faculty of Law, Universitas Negeri Semarang
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).
Asset Seizure as an Effort to Recover State Assets Resulting from Criminal Corruption
This research analyzes the effectiveness of asset forfeiture for corruption crimes in the Purwokerto District Prosecutor’s Office jurisdiction and designs future legal mechanism reconstruction using empirical juridical Research and Development (R&D) approach. Background reveals Indonesia’s Corruption Perceptions Index (CPI) stagnation at score 37 (rank 99/180 countries) in 2024, state losses Rp45.7 trillion versus <6% asset recovery, stalled Asset Forfeiture Bill in 2025 Prolegnas, and systemic in personam failure (KUHAP Article 39). Findings show Purwokerto effectiveness <50% due to systematic asset diversion patterns to family/third parties, post-verdict temporal gaps, weak Kejari-BPN-bank-PPATK coordination, forensic asset HR deficits, and LHKPN digital technology gaps. Emblematic cases Hendy Boedoro, Surya Darmadi, plus local PNPM Kedungbanteng-CV Jasa Pembangunan illustrate structural weaknesses. Reconstruction proposes Non-Conviction Based Asset Forfeiture (NCB) praconviction, dual track model PNS (Conviction Based via LHKPN) vs private sector (60-day reverse burden of proof), integrated IT platform AI forensic-blockchain land certificates, 20 prosecutors/kejari Asset Task Force, 24-hour inter-agency SLA, UNCAC harmonization 50 bilateral MoUs, and three-pillar political law with real-time transparent dashboard. 70% recovery target within 36 months realizes Peter Alldridge’s “crimes does not pay” doctrine, transforming Indonesia’s corruption law enforcement to global standards.
Copyright (c) 2026 Hibnu Nugroho, Budiyono Budiyono, Setiawan Ramadhani, Palupi Rantau, Jaco Barkhuizen (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Analysis of Social Networks and Peer Contagion in Terrorism-Related Offences in Indonesia
This article addresses a timely and important issue: terrorism recruitment and disengagement in the digital era. It explores the intricate dynamics of social networks and peer contagion and their role in processes of recruitment and disengagement in terrorism activities in Indonesia. It emphasizes on how close relations and peers significantly influence young individual behavior, often facilitated through digital spaces; social media, encrypted chat groups, and other content-sharing platforms, and explores potential avenues for prevention and disengagement. The research is based on in-depth interviews with 20 former inmates convicted of acts of terrorism between 2023 and 2025 in the greater Jakarta and west Java region, Indonesia. The finding highlights that social networks serve as critical outreach platforms, especially for the young people, for disseminating extremist ideologies, sharing biased information and propaganda content, and serve to promote recruitment for violent activities. It demonstrates how communication and information sharing via digital spaces platforms plays a crucial role in shaping the processes that lead young individuals towards violent ideologies and practices. In addition, we observed that on one hand peer influence plays a pivotal role in enabling recruitment but on the other hand for prevention and disengagement efforts; although, antisocial and violent behavior spreads more readily than prosocial behavior among peers. Analysis indicate that a clear understanding of the structure of these social networks and their dynamics, as well as the mechanisms of peer contagion is essential for developing effective preventive strategies and targeted interventions. Importantly, these findings have broader practical implications, which not only provides insights of contextual complexities of recruitment and disengagement that could inform future research , but also for policymakers and practitioners who could translate this knowledge into policies and develop interventions that strengthen protective social ties, foster trust and support among peers, and guide the responsible use of digital spaces in Indonesia, and beyond. Ultimately, this study recommends revising the terrorism law in Indonesia regarding digital literacy and responsible supervision of digital space to prevent the spread of radicalism through digital space.
Copyright (c) 2026 Heru Susetyo, Reisa Suci Arimbi, Morten Koch Andersen, Shr-Jie Wang (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Transforming Credit Guarantees in Indonesia: Legal Reform and Digital Innovation at Askrindo
Credit guarantee institutions play a pivotal role in expanding financial inclusion, particularly for Micro, Small, and Medium Enterprises (MSMEs), which contribute over 60% to Indonesia’s GDP and employ approximately 97% of the national workforce (Kemenkop UKM, 2024). PT Asuransi Kredit Indonesia (Askrindo), a state-owned enterprise under the Indonesia Financial Group (IFG), serves as a key factor in mitigating credit risk and facilitating access to financing through its guarantee schemes. This study critically examines the legal reform of credit guarantee mechanisms in Indonesia by analyzing the regulatory framework governing Askrindo and its ongoing digital transformation. The research highlights regulatory fragmentation across the Insurance Law (Law No. 40/2014), OJK regulations, and Ministry of Finance policies, which often results in operational inefficiencies and legal ambiguities in claim settlement and risk management. Concurrently, Askrindo’s digital initiatives—such as the implementation of e-guarantee platforms, AI-based credit scoring, and integration with national MSME databases—have significantly improved service delivery and data transparency. Empirical data from Askrindo’s annual reports (2020–2024) indicate an 18.7% increase in guaranteed credit volume following digital adoption, with a notable reduction in manual processing time by 42%. However, unresolved legal disputes related to 12.3% of defaulted claims underscore the urgency of harmonizing digital innovation with legal accountability. Interviews with regulators and Askrindo executives further reveal gaps in consumer protection, audit mechanisms, and legal clarity surrounding digital guarantees. Using a law and economics approach, this article argues that Indonesia’s credit guarantee system requires a comprehensive legal reform that aligns regulatory oversight with digital innovation. Important suggestions include creating a single set of laws for digital guarantees, requiring clear information sharing, and adding real-time audit trails to improve accountability and protect MSME beneficiaries.
Copyright (c) 2026 Aldehita Purnasanti Maulida, Angkasa Angkasa, Suhadi Suhadi, Abu Bakar Munir (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reconstruction of the Principle of Proportionality in Contract Law within the Palm Oil Plantation Sector
This paper investigates the urgent need to reconstruct the principle of proportionality within contracts for palm oil partnerships, where structural power imbalances, information asymmetry, opaque financing arrangements, and unilateral sanction mechanisms systematically disadvantage plasma smallholders. The study aims to identify the fundamental factors that hinder the effective application of proportionality in oil palm partnership and to formulate an operational framework capable of ensuring contractual justice within highly asymmetric agribusiness relationships. Employing a normative juridical method complemented by conceptual, comparative, and socio-legal approaches, this research analyses Indonesian contract law, institutional practices, and international regulatory models drawn from Malaysia, Thailand, and India. The findings reveal that the proportionality principle in Indonesia remains largely abstract and lacks enforceable parameters, enabling exploitative contractual clauses such as undisclosed deductions, disproportionate risk distribution, and one-sided penalties to persist in nucleus plasma schemes. Comparative insights demonstrate that proportionality can be translated into practice through mandatory disclosure obligations, standardized minimum clauses, equitable risk-sharing mechanisms, contract registration, and accessible local dispute-resolution systems. The principal novelty of this study lies in proposing a three-pillar operational model of proportionality substantive, procedural, and sanction-based integrated with institutional governance reforms and community empowerment strategies. The paper concludes that reconstructing proportionality requires both normative refinement and structural intervention across negotiation processes, corporate procurement practices, evidentiary mechanisms, and state oversight. This integrated framework provides a concrete basis for embedding substantive justice within palm oil agreements and strengthening legal protection for structurally weaker parties.
Copyright (c) 2026 Ageng Triganda Sayuti, Zefrizal Nurdin, Rembrandt Rembrandt, Syofiarti Syofiarti (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reforming the Roots: Can Legal Challenges Transform the Crude Palm Oil Industry in Indonesia and Malaysia?
The crude palm oil (CPO) industries in Indonesia and Malaysia, two of the world’s leading producers, are confronted with persistent legal challenges concerning environmental sustainability, land tenure, and labor rights. Even though there is more global attention and pressure for sustainable production, the laws and regulations in Indonesia and Malaysia are still disorganized and often not strong enough to address the negative environmental and social effects of the crude palm oil industry. This paper critically examines the effectiveness of existing legal instruments and resommends comprehensive, enforceable reforms to align national practices with evolving global sustainability standards. This paper analyzes the legal challenges within the CPO sector and explores potential law reforms to enhance the industry’s sustainability and ethical standards. By conducting a comparative analysis of Indonesian and Malaysian legal systems, the study identifies gaps in regulatory enforcement, the role of multinational corporations, and the influence of international trade agreements. The urgency of this research is underscored by escalating environmental degradation, human rights violations, and the growing demand for corporate accountability—issues that threaten the long-term viability of the CPO industry. The global shift towards sustainable sourcing has intensified scrutiny of palm oil production, highlighting the need for robust legal reforms to balance economic growth with environmental and social responsibility. This research not only helps clarify the current legal landscape but also provides critical recommendations for reforms that align the industry with global sustainability goals. By exploring both countries’ legal practices, the study aims to serve as a catalyst for policymakers, legal practitioners, and industry stakeholders to rethink and reshape regulatory frameworks, ensuring a more sustainable and equitable future for the CPO industry.
Copyright (c) 2026 Rosyidi Hamzah, Fadhel Arjuna Adinda, Teguh Rama Prasja, Mohd Izzat Bin Mohd Abd Shukur, Dodo Wiradana Wiriatma (Author) https://creativecommons.org/licenses/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
A Comparative Study of Electronic Commerce ODR: Legal Challenges and Reform Perspectives in China and Indonesia
This article examines the differentiated development paths of Online Dispute Resolution (ODR) systems in China and Indonesia, two core digital economies in ASEAN. China has established a centralized ODR framework through its “E-commerce Law,” which strengthens the enforcement of awards via a judicial coordination model. However, the exclusion of ad hoc arbitration in the “Arbitration Law” limits the effectiveness of platform autonomous awards (internal platform rulings). In contrast, Indonesia relies on platform autonomy, with platforms such as Tokopedia handling disputes. However, enforcement issues for mediation agreements arise from the absence of central legislation, fragmentation of jurisdiction across islands, and the failure of the Arbitration Law to recognize temporary arbitration (ad hoc arbitration). Shared challenges faced by both countries include barriers to mutual recognition of cross-border rulings, lack of technical standards, and privacy protection conflicts due to data localization policies. This article provides several policy recommendations: China should amend the Arbitration Law to recognize the validity of temporary arbitration and establish a national ODR data center to streamline the judicial confirmation process. Indonesia needs to quickly set up a central judicial certification center to make sure that all of its outer islands follow the same rules. This can be done by changing the E-commerce Law and the Arbitration Law. At the regional level, ASEAN should learn from the EU’s ODR platform by creating a system that recognizes certain cross-border rulings and setting up a data exchange center that balances Indonesia’s data storage needs with Singapore’s rules for sharing data across borders. The results supplement to legal reform scholarship by offering practical solutions for integrating ODR systems and harmonizing cross-border dispute resolution across ASEAN, fostering a dynamic adaptation of technical justice to legal authority in the digital age.
Legal Challenges and Reform Perspectives
Copyright (c) 2026 Zuo Xiangbin, Nur Khalidah Dahlan, Haniff Ahamat (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
A Juridical Perspective On Press Ethics in Reporting the Identity of Child Victims of Immorality: Between Public Interest and Children’s Rights
Proper journalism in the reporting of child victims of immorality requires a strict ethical approach to protect the rights of victims and maintain the function of the press in conveying the truth. This article discusses important aspects such as victim protection, privacy rights, journalistic codes of ethics, and the role of the media in society. Through normative juridical analysis and descriptive research involving desk research and interviews with journalists, this article highlights the importance of striking a balance between freedom of speech and the social responsibility of the press. When covering sensitive issues like child sexual abuse, the press must uphold individual rights. We must adhere to the Journalistic Code of Ethics to ensure that the news does not violate the rights of victims. The role of the Press Council and law enforcement officials is crucial in enforcing the law, sanctioning violators, and ensuring justice for all parties. Analysis of the news indicates that there are still violations in the form of disclosing the identity of child victims, which should be kept confidential to protect their right to privacy and honor. This study confirms that safeguarding the honor and rights of victims, as well as supporting fair law enforcement and strict supervision of media practices, can create a responsible information environment. The findings provide an important reference for policymakers, media practitioners, and academics in improving the quality of ethical journalism that respects the rights of child victims of violence.
Copyright (c) 2026 Joko Susanto, Ali Masyhar, Anis Widyawati (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
Integrating AI into Small Claims Courts: Lessons from Global Practices for Legal Reform in Indonesia
Indonesia’s civil judicial system persists in facing procedural inefficiencies, especially with small claims, notwithstanding the implementation of the e-Court system. The lack of intelligent assistance in this digital infrastructure obstructs the achievement of efficient, rapid, and cost-effective adjudication as required by law. This study seeks to investigate the potential incorporation of artificial intelligence (AI) into Indonesia’s small claims process as a tool for legislative and institutional change. The research used a normative legal methodology, incorporating statutory and comparative analyses, to derive insights from the regulatory frameworks and judicial innovations of China, Singapore, and Canada. These jurisdictions have effectively utilized AI for claim classification, procedural assistance, and facilitating access for self-represented litigants, according to the results. In contrast to traditional digital technologies, AI facilitates cognitive capabilities like pattern identification and legal triage, which can substantially reduce administrative burdens and improve judicial uniformity. The study presents a reform approach for Indonesia that integrates AI in the initial procedural phases—specifically in claim registration and preliminary review—while maintaining judicial independence and due process. This study’s originality resides in its integration of comparative law, legal technology, and Indonesian procedural realities to present a contextually relevant, ethically informed paradigm for AI-enhanced adjudication. If properly regulated and strategically implemented, this integration can convert small claims courts into more accessible, efficient, and equitable institutions, reinforcing the judiciary’s constitutional responsibility in providing substantive justice.
Copyright (c) 2026 Dwi Bintang Satrio, Artaji Artaji, Efa Laela Fakhriah, Chami Yassine (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
Promoting and Regulating Cellular Agriculture in Malaysia and Indonesia: Analysing the Adequacy of the Regulatory Framework
Cellular agriculture is a nascent manufacturing technology that holds significant potential to strengthen global food security. Globally, the number of food manufacturing companies producing food using cellular agriculture is rapidly increasing. Products of cellular agriculture are also available for consumers in the marketplace. Hence, the objective of this study is to analyse the extent to which the food regulatory framework in Malaysia and Indonesia is ready to promote and regulate products and activities of cellular agriculture. The analysis is essential as cellular agriculture poses opportunities and regulatory challenges. Despite the benefits, it also poses potential safety and health risks to the consumers, owing to its novelty. This study adopts a doctrinal legal analysis by analysing the adequacy of the current food regulatory framework, i.e., national food policies and legislation in Malaysia and Indonesia. It is found that cellular agriculture is not part of the national food policy and food regulatory framework in Malaysia and Indonesia. Both jurisdictions are lacking regulatory preparedness to embrace the presence of products of cellular agriculture in the marketplace. Hence, there is a need to reform the current food regulatory framework. Such reform includes the formulation of national policy for cellular agriculture to promote the adoption of cellular agriculture in food manufacturing. The current food safety legislation also needs to be amended to incorporate the provisions to regulate the safety aspects.
Copyright (c) 2026 Nor Akhmal Hasmin, Vita Cita Emia Tarigan, Devi Yulida (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
Unwise Criminal Environmental Law Policies In Protecting Aceh’s Customary Forests From Destruction
This study critically examines the ineffectiveness of environmental criminal law policies in protecting Aceh’s customary forests from ongoing destruction. Although Indonesia has established a comprehensive legal framework for environmental protection, deforestation within customary forest areas in Aceh persists, indicating weaknesses in policy implementation and enforcement. This research aims to analyze the structural and normative factors that render environmental criminal law policies ineffective, particularly the lack of integration between state law and Aceh’s customary law. Employing a qualitative socio-legal approach, this study draws on statutory analysis, literature review, in-depth interviews, and field observations within customary forest areas in Aceh. The findings reveal that weak intergovernmental coordination, limited recognition of indigenous forest rights, inadequate law enforcement capacity, and minimal utilization of monitoring technology contribute significantly to forest degradation. Furthermore, the disconnect between formal environmental criminal law and customary forest governance undermines community participation and legal effectiveness. This study argues that current policies remain “unwise” because they prioritize punitive approaches without incorporating customary law values and restorative ecological justice. As a policy solution, the study proposes an integrative framework that harmonizes environmental criminal law with Aceh’s customary law, supported by restorative sanctions and technology-based forest monitoring systems. Strengthening indigenous participation and aligning national regulations with local legal traditions are essential to enhancing legal effectiveness and sustainable forest governance. This research contributes to environmental legal scholarship by offering a contextualized model of pluralistic environmental criminal law reform in Indonesia.
Copyright (c) 2026 Muhammad Natsir, Ferdi Ferdi, Muh. Din, Akmal Handi Ansari Nasution, Zaki Ulya (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