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[The Implementation of Establishing Marine Protected Area: Lessons Learned From Raja Ampat to Achieve Sustainable Fishery ]]>
<![CDATA[Sri Wartini]]>
<![CDATA[ LAW REFORM Vol 16, No 2 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i2.33774
<![CDATA[Raja Ampat has one of the world’s richest coral reef, because it is located in the heart of the coral triangle. However, due to human activities, such as overfishing, shipping as well as climate change has caused serious impacts to the existence of the coral reef and its habitats. As the member of the United Nations Law of the Sea Convention and the Biodiversity Convention, Indonesia has obligation to establish Marine Protected Areas (MPAs). The research aims to analyze comprehensively the implementation of establishing the MPA in Indonesia based on international and national law perspective and to examine whether the existence of the MPA in Raja Ampat can be used as a model to develop MPA in other area to achieve sustainable fishery. This study is a normative juridical research by applying conceptual and statutory approaches. The result of the research finds that the establishing of MPA in Raja Ampat has been successfully achieved sustainable Fishery as part of sustainable development. However, there are some challenges that have to be addressed, such as lack of monitoring in the MPAs due to the limitation of the budget as well as the illegal unreported and unregulated fishing conducted by the people outside indigenous community Thus, it is necessary to conduct monitoring cooperation among the MPAs.]]>
<![CDATA[Law Enforcement in The Handling of People Smuggling Crime in Indonesia ]]>
<![CDATA[Herbin Marulak Siahaan]]>
<![CDATA[ LAW REFORM Vol 16, No 2 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i2.33769
<![CDATA[People Smuggling is a rising phenomenon of Transnational Organized Crime. Indonesia has taken an important step to combat this phenomenon by ratifying the UN Protocol against Smuggling of Migrants which set of key obligations relating to People Smuggling. This normative legal research aims to identify and discuss the challenges to convert these obligations into practical outcomes. The research results show some practical challenges for the law enforcement agencies responsible for combating people smuggling which includes a number of issues that relate to the prosecutions of migrant smugglers and to the dismantling of smuggling networks. Therefore, it is necessary to have a model of law enforcement in handling a crime as complex as people smuggling by improving the legal substance, the legal structure as well as the community participation in regional perspectives.]]>
<![CDATA[Optimizing Health Protocol Enforcement during the Covid-19 Pandemic ]]>
<![CDATA[Julista Mustamu]]>;
<![CDATA[Andress D Bakarbessy]]>
<![CDATA[ LAW REFORM Vol 16, No 2 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i2.33775
<![CDATA[The effort of the prevention and countermeasures in order to break the chain of transmission of Corona Virus Disease 2019 (Covid-19), it needs to be done in an integrated and comprehensive manner from various aspects of governance, health, socio-cultural and economic aspects. As part of the state of public health emergencies and has beeb designated as a non natural disaster, the regional goverment has the authority to take preventive and countermeasures actions primarily in the enforcement of health protocol during the Covid-19 pandemic in accordance with statutory provinsions. The research objective is to understand the enforcement of health protocols during the Covid-19 pandemic. The research method used is juridical-normative with a statutory approach and a conceptual approach to analyze problems qualitatively. The results and discussion concluded that The formulation of policies and formation of regional legal product that from the basic of legitimacy as well as the basic of legality to act for local goverments in the efoort to optimize the enforcement of prtococols during the Covid-19 pandemic, certaily need to develop specific policy formulation models and becemo a reference for local goverments in policy formulations and formulation reginal legal product in the enforcement of the Covid-19 health protocol. Policy formulation and formation of regional legal product in the enforcement of the Covid-19 health protocol include, and a review of the stages of policy formulation]]>
<![CDATA[Position of Supervisory Board Organ and Its Implications for the Institutional Corruption Eradication Commission ]]>
<![CDATA[Muh Rinaldy Bima]]>;
<![CDATA[Rizki Ramadani]]>
<![CDATA[ LAW REFORM Vol 16, No 2 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i2.33770
<![CDATA[The negative view that the People's Representative Council of Indonesia (DPR) has long been in a constant effort to weaken the Corruption Eradication Comission (KPK), making the revision process of the KPK law until after it is legalized, receives pro and contra. A number of provisions in the new Law of KPK are considered to potentially weaken the independence of the institution, especially concerning the establishment of the so called Supervisory Council. The purpose of this research was to analyze an the position of the Supervisory Council and to explain its implications on the institutional aspects of the KPK.This normative legal research was conducted through a literature study using conceptual and statue approaches, which then analyzed qualitatively. The results show that the new Law of KPK makes the Supervisory Council as an internal supervision organ, but its position had not well formulated yet in the institutional structure. The existence of the Supervisory Council also have some impacts on the institutional aspects of KPK in terms of Institutional and functional independences.]]>
<![CDATA[Supervision of Bawaslu Pemalang Regency in the 2020 Regional Head Election ]]>
<![CDATA[Ntika Nur Mutiarasari]]>;
<![CDATA[Ratna Herawati]]>
<![CDATA[ LAW REFORM Vol 16, No 2 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i2.33777
<![CDATA[One of the ongoing democratic activities in 2020 is the Election for the Governor and Deputy Governor, the Regent and Deputy Regent, as well as the Mayor and Deputy Mayor simultaneously in 2020. The success of holding regional elections in Indonesia is largely determined by the performance of the election organizers, one of which is the Election Supervisors a supervisory agency that oversees the process of implementing the Pilkada stages. Pilkada supervision during a pandemic is a big challenge for the ranks of Election Supervisors in Indonesia so it is interesting to study this topic. This research focuses on the supervisory policies issued by the Bawaslu RI during the Covid-19 pandemic and is then linked to the supervision carried out by the Pemalang Regency Bawaslu during the 2020 Pilkada. This legal research used a normative juridical approach and was descriptive analytical in nature which was analysed qualitatively. The results of the study show that there are obstacles and strategies in the supervision of election during the pandemic, but Bawaslu RI and its staff including Bawaslu Pemalang in the supervision of the 2020 Pilkada also carry out with more prevention, socialization to the public through online, maximizing social media owned by the District Bawaslu, coordination between agencies / stakeholders. The Election supervision is also carried out by health protocols in handling Covid-19 in their daily activities in carrying out their duties and authorities.]]>
<![CDATA[Indonesia’s Criminal Justice System with Pancasila Perspective as an Open Justice System ]]>
<![CDATA[Robiatul Adawiyah]]>;
<![CDATA[Umi Rozah]]>
<![CDATA[ LAW REFORM Vol 16, No 2 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i2.33783
<![CDATA[The criminal justice system should be an embodiment of values of Pancasila. Few cases raised concerns and questioned Pancasila’s practice because it hurt community justice sense. Pancasila must be reflected in criminal law enforcement. The criminal justice system is open whose operation is influenced by the environment the subsystems's operation, it is very important to be studied comprehensively. This article discusses the Indonesian criminal justice system with a Pancasila perspective; Indonesian criminal justice system with the concept of Pancasila as an open criminal justice system; subsystem in the Indonesian criminal justice system has the concept of Pancasila as an open criminal justice system. The research method in this article is normative with philosophy approach. The results showed that criminal justice system has Pancasila perspective, means that it must prioritize humanity, the balance of the interests of perpetrators and victims, the justice of God, humanity and society (substantive justice). As an open system, it does not work in solitaire in a vacuum, but must pay attention to legal values and community justice sense so that the working of it is more contextual in applying criminal law to achieve its success. And all subsystems in the criminal justice system have basically been based on Pancasila as an open justice system.]]>
<![CDATA[Law Enforcement in the Context of Legal Culture in Society ]]>
<![CDATA[Derita Prapti Rahayu]]>;
<![CDATA[Faisal Faisal]]>;
<![CDATA[Rafiqa Sari]]>;
<![CDATA[Ndaru Satrio]]>
<![CDATA[ LAW REFORM Vol 16, No 2 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i2.33780
<![CDATA[Law enforcement is a series of processes to describe values, ideas, ideals, and subsequently become legal objectives. The awareness and compliance of sailing administration to Matras fishermen in catching fish is very much determined by the legal culture of the community. The purpose of this discussion is to determine law enforcement in the context of legal culture in society. The results of the discussion conclude that the legal culture of Matras fishermen displays something unique, namely a spiritual presence and a contextual existence. Therefore, law enforcement in the cultural context is sharing space with the other side of the value that is believed to be sacred in religious substance and believing in the value of local wisdom. The pattern of law enforcement with a cultural dimension is a manifestation of synchronization of the various aspects of substance, structure and culture itself]]>
<![CDATA[Regulations Harmonization of Proposal and Stipulation of Special Economic Zone in Indonesia ]]>
<![CDATA[Muh Ali Masnun]]>;
<![CDATA[Radhyca Nanda Pratama]]>
<![CDATA[ LAW REFORM Vol 16, No 2 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i2.33784
<![CDATA[The acceleration of economic development in Indonesia cannot be separated when the government implements a Special Economic Zone (KEK) policy by using legal instruments in it. The purpose of this study is to examine the harmonization of regulations related to the proposal and determination of SEZ in Indonesia. This study uses normative legal research, using primary and secondary legal materials. First analysis, the provisions of business entities as proposers for SEZ need to be reviewed because they have a cumulative meaning. Second, private business entities proposing SEZ need to be limited, especially in important areas relating to the life of the wider community. Third, the determination of SEZ by the government (Article) needs to pay attention to RTRW, protected forest areas, and / or analysis of environmental impacts. Fourth, stipulation without a proposal stage is contrary to the principle of kinship. Fifth, Article 8 of the UU KEK is inconsistent with the PP on the Implementation of SEZ and the 2011 Minister of Coordinating Ministry for Guidelines for SEZ Proposals. Sixth, the SEZ proposal by the Minister of Research, Technology and Higher Education needs to be scrutinized and analyzed in depth in the process of its determination.]]>
<![CDATA[Legal Protection for Traditional Medicine Knowledge of Paliasa Leaves in Traditional Community of South Sulawesi Through Intellectual Property Regime ]]>
<![CDATA[Muhammad Tizar Adhiyatma]]>;
<![CDATA[Kholis Roisah]]>
<![CDATA[ LAW REFORM Vol 16, No 2 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i2.33782
<![CDATA[Traditional knowledge as a work which is communal property and has opposition characteristics to the legal regime of Intellectual Property rights. Thus, imposing for a regime of intellectual property used as a system to protect traditional knowledge would only cause anomalies in Indonesian society itself and the existing legal regime of Intellectual Property rights in Indonesia is not yet capable of protecting traditional knowledge, especially that associated with genetic resources. The existence of local wisdom of communities in South Sulawesi to genetic resources is to use Paliasa (Kleinhovia Hospita Linn.) leaf as a medicinal plant which are well documented in ancient texts “lontarak pabbura” and organized by Ammatoa as Kajang indigenous leaders. Therefore, it needs a protection model to protect traditional knowledge and their genetic resources associated with traditional knowledge through a sui generis system as positive protection and defensive protection models in order to provide comprehensive protection against traditional knowledge belonging to the Indonesian people.]]>
<![CDATA[The Making of Law in Indonesia: A Criticism and Evaluation of The Practise of Legislative Function in The House of Representatives ]]>
<![CDATA[Siti Mariyam]]>;
<![CDATA[Adhi Putra Satria]]>;
<![CDATA[Markus Suryoutomo]]>
<![CDATA[ LAW REFORM Vol 16, No 2 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i2.33773
<![CDATA[The House of Representatives is a state institution that functions in the field of legislation. The current fact is that the DPR's performance in the field of legislation always gets records, because the resulting Law is still below Prolegnas target. On the basis of the problems as referred to, the writing of this article aims to find out what the problems and the efforts that need to be made in overcoming the problem of the formation of laws which fall under the authority of the DPR are. In the discussion, the author tries to provide criticism aimed at the process of forming a law in the DPR, seen from three indicators, namely from the legal substance factor, the legal structure factor and the legal culture factor, the legal substance relating to the current Law does not regulate the maximum number of Prolegnas, the legal structure related to law-forming institutions originating from political parties, and the legal culture related to community rejection of the bill being discussed. The solution to these 3 (three) problems needs to be changed, such as strengthening regulations regarding restrictions on performance-based Prolegnas submissions, making Integrity Facts for DPR members and regulations governing public involvement in making laws stronger, this needs to be done in order to keep it up. maintain the level of public trust in the DPR in carrying out its legislative functions.]]>
