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[Legal Protection for Children Victims of Postpartum Depression ]]>
<![CDATA[Diyan Shofie Harisnaeni]]>;
<![CDATA[Irma Cahyaningtyas]]>
<![CDATA[ LAW REFORM Vol 17, No 2 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i2.41740
<![CDATA[Children are a gift given by God through a woman. The presence of a child certainly raises many new adaptations in family life. The transition period to face a new life turns out to be more or less a problem that results in children; one of which is postpartum depression in a mother. This article aims to examine the forms of legal protection for a child who is a victim of postpartum depression. This article uses a normative juridical approach and secondary data with descriptive analytical research specifications and qualitative analysis. Based on the results of the study, postpartum depression is included in the category of mental illness model caused by the mental illness with clinical depression symptoms that affect psychological conditions ranging from excessive anxiety, neglecting children, to physically injuring children. This form of legal protection for children is stated in Law Number 23 of 2002 in conjunction with Law Number 35 of 2014 concerning Child Protection. Regarding the accountability of perpetrators, for the postpartum depression which reflects on Article 44 of the Criminal Code, it is necessary to have an examination first before determining the responsibility to be imposed to overcome and prevent postpartum depression.]]>
<![CDATA[Urgency of Strengthening Women Participation in The Building of Gender Justice Based Village ]]>
<![CDATA[Sapto Budoyo]]>;
<![CDATA[Marzellina Hardiyanti]]>
<![CDATA[ LAW REFORM Vol 17, No 2 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i2.41751
<![CDATA[Village building is part of national building which is regulated in Law No. 6 Year 2014 on Village. People participation is necessary in the building of villages, including the participation of women which is still considered very low particularly in generating their aspiration to build villages. Therefore, strengthening women participation in village building is necessary so that policies regarding women issues can be well accommodated in order to realize village building which is based on gender justice. Law research method was appllied in this study using literature approach in order to collect accurate data. The result of this study shows that it is necessary to strengthen women participation in village building which is based on gender justice because it is indicated that political law in Indonesia tends to support the issue corcerning legal protection toward women position as citizens. This is regulated in constitutional foundation in Article 27 section (1), Article 28D section (1), and Article 28I section (2) The 1945 Constitution of The Republic of Indonesia and Article 55 No.6 Year 2014 Law on Village. Women representation in villages aims to solve various issues related to women justice particularly on issues around violence cases which seems like a tip of an iceberg and are unresolved. The efforts to strengthen women participation in village building are built through the form of togetherness, growing from root, trust and openness.]]>
<![CDATA[Comparison of Aesthetic Plastic Surgery Laws Applied in the United States and Indonesia ]]>
<![CDATA[Endang Sri Sarastri]]>;
<![CDATA[Liliana Tedjo Saputro]]>;
<![CDATA[MC Inge Hartini]]>
<![CDATA[ LAW REFORM Vol 17, No 2 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i2.41750
<![CDATA[Advances in science and technology in the field of aesthetic plastic surgery today no longer aims to treat but is used to change a person in supporting his appearance. The authority to carry out these medical procedures belongs to the Reconstructive and Aesthetic Plastic Surgeon Specialist (Dr. SpBP-RE), but the results of the medical actions carried out by Dr. SpBP-RE are not necessarily in accordance with the wishes of the patients. In order to avoid disputes between Dr. SpBP-RE and its patients and how to deal with it, the laws that apply in every country in the field of medicine, especially aesthetic plastic surgery, must be clear and firm. This study aims to find out and analyze the laws that apply in the field of aesthetic plastic surgery in Indonesia and in the United States so that the results can be theoretically and practically useful in overcoming medical malpractice. The type of research used was "juridical normative" research, and the analysis of legal materials was carried out qualitatively using descriptive analytical and prescriptive methods. The author compared the legal relationship between Dr. SpBP-RE and its patients, the efforts to handle medical malpractice, and proved and negated it in the field of aesthetic plastic surgery in legal proceedings in the United States and Indonesia. It is expected that Indonesia can learn from the countries that have succeeded in dealing with medical malpractice in the field of plastic surgery.]]>
<![CDATA[Securitization of the Merchant Vessels by the Private Contracted Armed Security Personnel: A Legal Perspective ]]>
<![CDATA[Selo Pasha Purnawarnantha]]>;
<![CDATA[Arie Afriansyah]]>
<![CDATA[ LAW REFORM Vol 17, No 2 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i2.41771
<![CDATA[Shipping trade commodities using commercial ships through the sea that are safe and free from security disturbances is a prerequisite for spinning a country's economy. However, not all seas in this world are safe. There are many areas of waters categorized as high-risk areas. UNCLOS regulates that a safe sea implies that the sea is free from threats or disruptions to the activities of peaceful sea use or utilization, among others, free from threats of violence in the form of piracy, sabotage, and armed terrorism at sea. Conditions gave rise to private security services on board called PCASP (Private Contracted Armed Security Personnel). This article aims to find out how to set up PCASP internationally and according to Indonesian law. This research uses secondary data materials, namely books, journal articles, and papers relevant to this research obtained from print and internet media. The use of PCASP supports the safety and security clause in UNCLOS 1982. IMO as an instrument of the United Nations in charge of maintaining and controlling international regulations on the safety and security of ships and ports. The maritime transportation authority in Indonesia does not require PCASP service nor approves commercial shipping companies to present PCASP on board.]]>
<![CDATA[Criminology Study on the Circulation of the Sopi Traditional Liquor in the Villages of Zeith, Asilulu, and Kaitetu during the Covid-19 Pandemic ]]>
<![CDATA[Margie Gladies Sopacua]]>
<![CDATA[ LAW REFORM Vol 17, No 2 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i2.41743
<![CDATA[The case of “sopi” traditional drink when consumed in a group gathering and party celebrations tends to cause chaos and commotion that disrupts activities or community harmony, especially in the villages of Zeith, Asilulu and Kaitetu during the covid-19 pandemic. The purpose of this paper was to examine and discuss the factors that cause the circulation of liquor in the villages of Zeith, Asilulu and Kaitetu (Kalauli sub-village) during this pandemic. The research method used was the empirical juridical method with an emphasis on legal theories and rules related to the problems studied and to the existing reality regarding what factors affect the society. This study showed that social control is an effort to prevent the circulation of traditional liquor in the form of sopi in the villages of Zeith, Asilulu and Kaitetu (Kalauli Sub-Village). Liquor is not only circulated among adults but has reached teenagers, and the factors that cause the circulation of this liquor during the covid-19 pandemic are economic, supervisory, and environmental factors. The most important of these three factors is economic factors. The efforts made in the distribution of traditional liquor in the villages of Zeith, Asilulu and Kaitetu during the pandemic are Pre-emptive and Preventive efforts.]]>
<![CDATA[Juridical Overview on the Inconsistency of Prohibition to be the Member of Political Parties for the Members of Public Institutions ]]>
<![CDATA[Fajar Prima Julian]]>;
<![CDATA[Ratna Herawati]]>
<![CDATA[ LAW REFORM Vol 17, No 2 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i2.41747
<![CDATA[The creation of a justice in the life of the nation and state must be supported by regulations that do not conflict with other regulations. The prohibition to join a political party for administrators of public institutions is in conflict with higher regulations. The article is considered contrary to the principle of "Equality before the Law" when viewed from the aspect of equal concern put forward by Ronald Dworkin. The purpose of this research was to analyze the inconsistency of the prohibition article for members of public institutions to join political parties and to explain the legal implications for the public institutions when they do not comply with these regulations. The method used was normative juridical with descriptive analytical research specifications, and the type of the data were secondary data. The data analysis was conducted qualitatively. Political rights are part of the human rights owned by a person who should not be limited by discriminatory treatments. In fact, there are still restrictions on these political rights which are detrimental to a person from contributing to become the administrator of a public institution. The contents of conflicting articles cause the public institutions to have a crisis of law compliance, is actually a hierarchical harmony between laws and regulations in Indonesia.]]>
<![CDATA[Crime Combating Policy of Carding in Indonesia in the Political Perspective of Criminal Law ]]>
<![CDATA[Muhammad Isnaeni Puspito Adhi]]>;
<![CDATA[Eko Soponyono]]>
<![CDATA[ LAW REFORM Vol 17, No 2 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i2.41736
<![CDATA[The development and progress of science and technology lead to the emergence of cybercrime. One form of cybercrime is carding. Carding is a crime of using or stealing other people's credit cards through cyberspace. This paper discusses the process of criminal law enforcement against carding crimes based on current positive law and future carding crime prevention policies in terms of the political perspective of criminal law. The method used was a normative juridical research method. The discussion shows that criminal law enforcement efforts against carding crimes have been regulated through the Law on Information and Electronic Transactions, but these arrangements cannot overcome carding crimes in Indonesia, so there is a need for a formulation policy that specifically regulates carding crimes. The policy of dealing with carding crime in the future is reviewed from the perspective of criminal law politics, namely through penal and non-penal efforts. Efforts should be made to socialize cyber law for the people of Indonesia that can support the use of credit cards as a means of payment in online transactions in a responsible manner and have a strong legal basis.]]>
<![CDATA[Presence of Pretrial in the Perspective of the Pancasila State of Law ]]>
<![CDATA[Sahat Maruli Tua Situmeang]]>
<![CDATA[ LAW REFORM Vol 17, No 2 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i2.41746
<![CDATA[Pretrial is a process that precedes a trial in court or a preliminary examination before entering a trial. However, in its application, pretrial institutions both before and after the Constitutional Court Decision Number 21/PUU-XII/2014 are not in accordance with the Criminal Procedure Code and also have weaknesses or shortcomings. This paper aims to find out the presence of pretrial institutions in the perspective of the Pancasila state of law. In other hand, pretrial institution as an institution that oversees the protection of the human rights of suspects/defendants is regulated in Chapter X Articles 77 to Article 83 of the Criminal Procedure Code. The determination of the suspect must be carried out carefully by taking into account the principle of presumption of innocence as a general principle in criminal procedural law that must be enforced by law enforcers. In law enforcement, of course, there must be supervision both vertically and horizontally so as to minimize the occurrence of irregularities. Therefore, it is important to establish an Ad Hoc institution as a substitute for a Pretrial institution in which the judges consisting of career judges, legal practitioners and academics can act whether there is an application or not which is filed by the suspect/defendant or his family or proxies so that the decision is objective. Thus, it is important to reformulate the Criminal Procedure Code regarding the determination of suspects.]]>
<![CDATA[Legal Liability of Minors as Perpetrators of Online Buying and Selling Fraud in Indonesia ]]>
<![CDATA[Tantimin Tantimin]]>
<![CDATA[ LAW REFORM Vol 17, No 2 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i2.41738
<![CDATA[The development of internet technology is directly proportional to the growth of online trade. Easy access to online buying and selling transactions is faced with the risk of fraud, including the fraud committed by minors. This paper discusses the criminal liability of minors who commit criminal acts of fraud in online buying and selling transactions. The research method used was a normative legal research method. The results of this study indicate that online buying and selling transactions carried out by minors based on legal principles of engagement are legal. Fraud of online buying and selling transactions carried out by minors can be subject to criminal penalties by taking into account the rights of children under the Child Protection Act. Although children are not free from legal bondage, keeping children away from the formal justice process can avoid stigmatization of children in conflict with the law.]]>
<![CDATA[Urgency of Law Amendment as Foundation of The Implementation of Cyber Notary ]]>
<![CDATA[Devi Alincia]]>;
<![CDATA[Tundjung Herning Sitabuana]]>
<![CDATA[ LAW REFORM Vol 17, No 2 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i2.41749
<![CDATA[The concept of Cyber Notary in Indonesia is influenced by the advance of technology, the need of the society, and the way people think. Cyber notary is mentioned in the amended Law on Notary (Amended UUJN) in the form of other authorities, which is to certify transaction made electronically (cyber notary). However, in the level of legal practice, cyber notary’s authority is not performed effectively by notaries in real practice. This study aimed to examine the aspect of legal certainty of cyber notary and how far the chance of UUJN’s Amendment is able to provide certainty for the implementation of cyber notary. This study was conducted using normative legal research method, a descriptive method, through statute approach and history approach. The result of this research shows that: first, notary’s authority in cyber notary is merely to legalize an electronic document and privately made deed. The second, the certification of a transaction which is done electronically (cyber notary) by Notary has validity or legally valid and is not against the principle of Tabellionis Officium Fidelliter Exercebo because during the process notaries is present directly. Based on the result of this study, the suggestion that can be given is that it is necessary to amend UUJN and to formulate implementing regulation of the mechanism of notary’s authority to certify electronic transaction.]]>
