LAW REFORM
s a peer-reviewed journal published since 2005. This journal is published by the Master of Law, Faculty of Law, Universitas Diponegoro, Semarang. LAW REFORM is published twice a year, in March and September. LAW REFORM publishes articles from research articles from scholars and experts around the world related to issues of national law reform with pure law or general law studies.
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<![CDATA[Patenting Deal in Indonesia, Article 20 of The Patent Law in The Political Perspective of International Trade Law ]]>
<![CDATA[Mahoro Jean Claude Geofrey]]>;
<![CDATA[Kholis Roisah]]>
<![CDATA[ LAW REFORM Vol 16, No 1 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i1.30302
<![CDATA[The research at hand analyses the legal foundation of Article 20 of the Indonesian Patent Law No 13 of 2016. It assesses its conformity with the WTO Agreements known as the Uruguay Round, specifically the TRIPS Agreement. Those agreements have a character of ‘hard law,’ which compels all the WTO Members to be bound by them. Patent law and other Intellectual Property Rights (IPRs), any WTO Member must implement the minimum standards stipulated under the TRIPS Agreement in its national legal system without discrimination. In this light, Indonesia, as a WTO member since 1994, must comply with all WTO Agreements,. Therefor, it made various law reforms in the protection of IPRs. However, the Patent Law raised a debate that it contradicts the principles of international trade law as it embodies a discriminatory provision that only safeguards the people of Indonesia. As a result, the present found that, based on limited exceptions stipulated in the TRIPS and the Paris Convention, Indonesia did not violate the TRIPS as it applied a given leeway for implementing the TRIPS Agreement in a domestic context. Thus, it had reasonable grounds to secure its nationals’ mutual interest without violating general provisions and principles stipulated in the WTO Agreements.]]>
<![CDATA[Revealing The Relation between Global Capitalism and Television Industry ]]>
<![CDATA[Aditya Yuli Sulistyawan]]>;
<![CDATA[Eka Padmahantara Antonius]]>
<![CDATA[ LAW REFORM Vol 16, No 1 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i1.30307
<![CDATA[The television industry is a broadcasting industry that requires much higher investment than other media. This is due to the need to provide broadcasting infrastructure, television technology that continues to grow, and because of the funding needs of the program. This need will become even bigger in line with increasing competition. The implication of these conditions is the creation of entry-barriers for independent investors with limited capital so that more likely to enter the market are large investors who have networks with broader business systems, which are very likely to initially be engaged in core businesses that are not related to the media. This paper is intended to reveal the relationship between global capitalism in the television industry which is increasingly troubling at the moment. The problem raised is how is the relation between the interests of global capitalism in the television industry in Indonesia? Such ownership patterns ultimately have an impact on broadcast content. Commercial television stations cannot be expected to present content that challenges policies that benefit large capital owners while harming labor interests. Thus, the tendency of the media to only present content that is not critical of capitalism cannot by itself be read as the fruit of the orders of the owners of capital or because of the ideology of media workers who are indeed pro-capitalism.]]>
<![CDATA[Supervisory Role of The Financial Services Authority in Utilizing Equity Crowdfunding in Indonesia ]]>
<![CDATA[Irawati Irawati]]>
<![CDATA[ LAW REFORM Vol 16, No 1 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i1.30303
<![CDATA[In order to provide legal certainty and protection for those involved in investment in Indonesia, the Financial Services Authority has officially issued regulations relating to the collection of funds through information technology-based stock offers or equity crowdfunding. This article aims to review the role of supervision by the Financial Services Authority and the form of mitigation risks to obstacles and problems in utilizing Equity Crowdfunding in Indonesia. The research method used is normative juridical with, using secondary data which is then analyzed qualitatively. The results showed that the Financial Services Authority in conducting supervision of the use of Equity Crowdfunding can be done off site, or On Site. Risk mitigation must be carried out by the Financial Services Authority both through regulations and concrete steps. In the implementation of risk mitigation, the Financial Services Authority can also involve the Indonesian Fintech Association to address risks in order to provide a sense of security for investors and publishers in the use of the Equity Crowdfunding platform in Indonesia.]]>
<![CDATA[Design of General Election in Indonesia ]]>
<![CDATA[Muhammad Syafei]]>;
<![CDATA[Muhammad Rafi Darajati]]>
<![CDATA[ LAW REFORM Vol 16, No 1 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i1.30308
<![CDATA[The 2019 general elections in Indonesia have been held differently from the previous period. The 2019 general elections held simultaneously five boxes. This article discusses how the implementation of the 2019 general election and how the rather election should be carried out in the future. The author concludes that the implementation of simultaneous general elections in 2019 caused tremendous complexity for participants, voters, and organizers. The complexity and constraints that occur make the selection process not run well and less efficient and effective time spent. Then for the coming period, the elections should be carried out using the design of simultaneous national elections and simultaneous regional elections. In the simultaneous national election, it held to elect the President and Vice President, members of the House of People’s Representative, and members of the Regional Representative Board. Then in the simultaneous regional election, it held to elect the Governor, Regent/ Mayor, Provincial Legislative Council, and Regency/ City Legislative Council.]]>
<![CDATA[Issuance of a Search Warrant for Narcotics Crime in Indonesia ]]>
<![CDATA[Sahuri Lasmadi]]>
<![CDATA[ LAW REFORM Vol 16, No 1 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i1.30304
<![CDATA[Concerning narcotics crime in Indonesia in addition to the Police Investigator, the National Narcotics Agency (BNN) also has the authority to conduct investigations and investigations. Search is part of the investigation process, but is often constrained by a search warrant. The research method used is a normative legal research method. This method uses a statutory approach and a conceptual approach. This research puts forward secondary data in the form of binding legal material such as Law Number 35 of 2009 concerning Narcotics (Narcotics Law), books and other legal research journals. The results of this study indicate Article 81 of the Narcotics Law states that Police Investigators and BNN investigators are authorized to conduct investigations of the abuse and illicit trafficking of Narcotics and Narcotics Precursors. One of them is that an ordinary search or normal search can be carried out by the investigator after first obtaining permission from the head of the District Court, then searching under extraordinary and urgent circumstances, ie the investigator can search without first obtaining permission from the head of the local District Court, however after a search the investigator must immediately seek the approval of the head of the District Court.]]>
<![CDATA[Reformulating The Concept of State Principles Based on Ideological and Technocratic Strategic as A Sustainable Development Direction ]]>
<![CDATA[Bagus Oktafian Abrianto]]>;
<![CDATA[Farid Ibrahim]]>;
<![CDATA[Xavier Nugraha]]>
<![CDATA[ LAW REFORM Vol 16, No 1 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i1.30309
<![CDATA[National development planning model with its long-term time dimension in Indonesia is carried out with the National Long-Term Development Plan (RPJPN) which replaces the Planned Overall National Development (PNSB) and the General Outlines of the Principles of the State (GBHN). Based on the analysis of the data obtained, it can be seen that since 2004 the use of the RPJN has turned out to cause fluctuating dynamics in the existing development outcomes. The occurred changes resulted in inconsistencies in the direction of development when there was a change of state development actors such as President, Governor, Regent/ Mayor, and other state institutions. The reason for this is that there is no permanent structure that can be used as a reference for a long-term development program that will be carried out by the managing state institutions, particularly the government. Based on this, the aim of this study was to create a form of reformulation of the principles of the state. This research was a normative research with a statutory, historical and conceptual approaches. To answer this problem, the idea of the state principles was born which departed from combining the advantages of PNSB, GBHN, and RPJPN which were then packaged into a new state principle system, with ideological principle and technocratic strategy.]]>
<![CDATA[Binding Legal Force of Supreme Court Decision over General Election Commission ]]>
<![CDATA[Madaskolay Viktoris Dahoklory]]>;
<![CDATA[Fifiana Wisnaeni]]>
<![CDATA[ LAW REFORM Vol 16, No 1 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i1.30305
<![CDATA[Election Commission Regulation Number 26 Year 2018 established by the General Election Commission as a Follow-up to the Constitutional Court Decision Number 30 / PUU-XVI / 2018 which basically prohibits candidates for Regional Representative Council who are concurrently acting as administrators of political parties but the General Election Commission's rules are canceled by the Supreme Court based on its decision Number 65 / P / HUM / 2018. The purpose of this study is to analyze and find out whether the Supreme Court's Decision has binding legal force over the General Election Commission. The research method used is juridical-normative and qualitative analysis. The research results show that the Supreme Court Decision which nullifies legal norms in the General Election Commission Regulation still has binding legal force because in principle every judge's decision must be considered valid according to the law until there is equipment (res judicata pro veritate habetur), as well as the juridical decision of the Supreme Court immediately published in the State news, with the enactment of the Supreme Court's Decision it would naturally become the basis for the validity of the a quo Decision. The decision issued by the Supreme Court indirectly gave birth to a legal obligation for the General Election Commission, for that the General Election Commission must carry it out properly. Therefore, the Election Supervisory Body needs to oversee the election commission in carrying out the mandate of the decision.]]>
<![CDATA[(Un)Blurred Concept of Sovereign Rights at Sea : Implementation Context ]]>
<![CDATA[Arie Afriansyah]]>;
<![CDATA[Dila Paruna]]>;
<![CDATA[Rania Andiani]]>
<![CDATA[ LAW REFORM Vol 16, No 1 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i1.30310
<![CDATA[The term “sovereign rights” has been used on many occasions in referring to coastal states’ actions in exploring and exploiting the ocean’s natural resources beyond their sovereign territory. Not to mention the lack of comprehension between “sovereignty” and “sovereign rights” of the general public, it appears that the last term is also lacking clear definition available for a legal basis. This clarity is crucial to give the legal certainty for states’ entitlement to conduct actions within their jurisdictions. This paper tries to clarify the legal definition of “sovereign rights” under international dan national practice. It concludes that no single universally accepted definition of sovereign rights. The explanation of rights and duties of such a definition is mostly practiced both internationally and nationally. The finding is based on the survey of the implementation of international rules, international judgments, and Indonesian court decisions.]]>
<![CDATA[Role of Trademark in Improving Legal and Competitive Awareness ]]>
<![CDATA[Endang Purwaningsih]]>
<![CDATA[ LAW REFORM Vol 16, No 1 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i1.30301
<![CDATA[There are a lot of traditional food producers in Brebes Regency but they have not been managed well. Many obstacles were experienced by these MSMEs producers, including the problem of the ignorance of trademark registration, and the mindset and motivation that need to be addressed. The purpose of this study was to determine the level of knowledge of traditional food producers on trademarks and the motivation of traditional food producers in Brebes Regency for trademark registration in an effort to increase their legal awareness and competitive awareness. The research method used was empirical juridical research that emphasizes secondary data balanced by primary data as a support. The results show that the knowledge level of the traditional food producers in Brebes Regency towards trademarks was still low, and it needs to be improved with various socialization on trademark manufacturing, trademark registration, and branding assistance. The mindset and motivation of Brebes Regency traditional food producers towards trademark registration in an effort to increase legal awareness and competitive awareness is still low, so it needs to be improved and addressed. In addition, it is also necessary to be accompanied continuously by the stakeholders; in this case, the producer organization (MSMEs Forum) and related agencies in the area.]]>
<![CDATA[Legal Discourse on Manpower During COVID-19 Outbreak ]]>
<![CDATA[Richard Kennedy]]>
<![CDATA[ LAW REFORM Vol 16, No 1 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i1.30306
<![CDATA[Covid-19 has become a global epidemic all around the world. All countries around the world have been completely struggled by this outbreak, including Indonesia. Economy crisis is something that could not be avoided. Naturally, workers, and entrepreneurs will be either directly or indirectly affected. Massive amount of companies has applied the regulation “Termination of Employment”, laid of the workers, and even deduction on wages payment. Workers have become vulnerable parties in this case because they do not have enough assurance. Article 164 (1) Act No. 3 of 2003 concerning Manpower indeed regulates the Termination of Employment regulation because of force majeure, however this law seems to be slightly unsuitably applied for this outbreak Covid-19 situation. Therefore, this study is aimed to do legal discoursing in which can both assure those workers and maintain the operation of business in this tight condition. Finally, Indonesia needs to return back to kinship culture and unity in diversity philosophy as stated in Pancasila to equalize the interests both for workers and employers. According to Article 33 (1) and (4) of 1945 Constitution of Republic Indonesia, it has been firmly stated that Indonesian economy should be organized as a common endeavor based upon the principles of the family system and conducted on basis of Pancasila democracy. Hence, government is expected to play the intermediary role in order to unify and even out interest of all parties. Law of Manpower need to be adjusted with some regulations about rights and responsibilities accommodate to workers, employers, and government in deal with epidemic outbreak.]]>
