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[Alternative Criminal Punishments for the Settlement of Misdemeanor in a Social Justice Perspective ]]>
<![CDATA[Rizkan Zulyadi]]>;
<![CDATA[Mohammad Belayet Hossain]]>
<![CDATA[ LAW REFORM Vol 18, No 1 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i1.44712
<![CDATA[The national law has a clear vision to realize a just and democratic rule of law. Criminal legal system serves to protect the interests of the society and the nation. Criminal law enforcement nowadays is no longer directed at enforcing crimes, but also to cope with humanitarian interest in criminal actions, especially when it has to defend against misdemeanor. This paper aims to analyze the current dynamics in how Indonesian criminal law contextualize its existence in facing misdemeanor. By using juridical and normative approach with descriptive analytical technique, the results showed inadaptability of criminal law with misdemeanor cases. The results highlight that as a complex part of socio-economic and legal problem, misdemeanor is dynamically challenging legal system and criminalization. This study demonstrated the need for alternative penalties for minor crimes as an integral part of reforming the Indonesian Criminal Code. More specifically, this study shows several requirements that need to be met in the legalization of alternative criminal penalties for minor crimes. In addition, alternative punishments can provide benefits to the community, such as involving criminals in community service and unpaid work. The recommendations are pointed out regarding the application of alternative criminal penalties for minor crimes.]]>
<![CDATA[Reconceptualizing Legal Arrangement on the Doctor-Patient Relationship in Indonesia ]]>
<![CDATA[Hargianti Dini Iswandari]]>;
<![CDATA[Sanjana Hoque]]>
<![CDATA[ LAW REFORM Vol 18, No 1 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i1.44711
<![CDATA[The doctor-patient relationship in Indonesia has changed. In the past, patients were inferior to doctors, but over time the relationship has put the two in a more balanced position. This article aims to examine the legal substance in regulating doctor-patient relationships in Indonesia. The arguments presented in this study demonstrated the increase in the number of civil lawsuits or complaints/criminal lawsuits has a substantial impact on legal resolution shifting. Although the law placed the legal relationship among two parties as mere contract-civil relationship, the criminalization is increasingly favored in recent years. As a recommendation, future law-making process needs to comprehensively consider medical science as the basis to lay the legal foundation in regulating doctor-patient relationships.]]>
<![CDATA[Contextualization of Legal Protection of Intellectual Property in Micro Small and Medium Enterprises in Indonesia ]]>
<![CDATA[Hari Sutra Disemadi]]>
<![CDATA[ LAW REFORM Vol 18, No 1 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i1.42568
<![CDATA[The growing number of Micro, Small and Medium Enterprises (MSMEs) has brought about big potential for the implementation of intellectual property protection. The management and the ability to create is an essential key to develop intellectual property. According to this issue, this study is aimed at investigating and analyzing the contextualization of legal protection of intellectual property in the development of MSMEs in Indonesia. Doctrinal legal research method was applied in this study. This legal study emphasizes on the conception that law can be seen as a set of laws and regulations which are systematically arranged based on a certain hierarchical order. The result of the study shows that MSMEs and intellectual property are two inseparable entities. One of the government efforts to develop MSMEs in Indonesia is by simplifying MSME regulation through the implementation of omnibus law in order to avoid overlapping of regulations which may lead to complicated bureaucracy. Another finding of this study is that basically the protection of intellectual property is considered highly important for the vendors of MSMEs. The implementation of legal protection for the vendors of MSMEs and their intellectual properties provides opportunity for the business owners to maximize the economic value of their intellectual property. Intellectual property rights can be collateral to obtain banking credit because intellectual property rights are admitted as property that its ownership can be handed over.]]>
<![CDATA[The Constitutionality of Outsourcing Job Regulation in the Law on Job Creation ]]>
<![CDATA[Sostones Y Sisinaru]]>;
<![CDATA[Susi Dwi Harijanti]]>
<![CDATA[ LAW REFORM Vol 18, No 1 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i1.44249
<![CDATA[Government policy to adopt the idea of “omnibus law” through the forming of Job Creation Law aims to simplify investment and to fix regulations in Indonesia. Job creation Law consists of 11 clusters. One of the clusters regulates manpower mainly concerning Outsourcing Minimum Wage and termination of employment. This policy has potential to bring disadvantages to the interest of the workers and leads to protest by workers/labors. This study aims to investigate political direction of job Creation Law and question the constitutionality of the regulations of outsourcing work in Job Creation Law. Research method of this study was normative, meaning that by using legislation and conceptual approach to perform qualitative analysis. The result and Discussion of this study concludes that political direction of Job creation Law is still authoritarian politics so that resulting in Law that is conservative because the discussion about the Law did not involve the people participation. Moreover, the material formulation of outsourcing in Job Creation Bill has not aligned with the mandate of Supreme Court decision No 27/PUU-IX/2011.]]>
<![CDATA[The Fulfillment of Rights to Citizenship for Migrant Worker Deportees in Nunukan District ]]>
<![CDATA[Muh. Afif Mahfud]]>;
<![CDATA[Kadek Cahya Susila Wibawa]]>;
<![CDATA[Lita Tyesta ALW]]>;
<![CDATA[Retno Saraswati]]>
<![CDATA[ LAW REFORM Vol 18, No 1 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i1.44655
<![CDATA[Rights to Citizenship must be protected because it is the basis to be able to access the other rights. Rights to citizenship of migrant workers in Nunukan District is potentially expired and lost if they do not renew their passports. The same case may occur with illegal migrant workers who stay for 5 years abroad. This article aims to analyze the potential of stateless person in Nunukan District, the effort made by the government to handle the issue, and the ideal construction of legal protection for stateless person. This study applied socio legal approach using primary and secondary data which were collected through interview, observation, and in depth interview. Those data then were analyzed qualitatively. Based on the analysis, it is concluded that: (1) the potential of being stateless person in Nunukan District occurred in migrant workers whose passports were expired for more than 5 years, irregular migrant workers who stayed abroad for more than five years, the descendants or children of migrant workers who were born and were raised in Malaysia; (2) the government prevents the occurrence of stateless person: (a) integrated management of handling migrant workers; (b) sweeping in order to prevent irregular migrant workers; (c) simplifying the issuance of Letter of Arrival of Indonesian Citizen (SKDWNI) and Letter of Overseas Arrival (SKDLN); (3)ideal construction of the protection of right to citizenship for migrant workers is the extension of the scope of migrant workers protection agreement, and the placement of Citizenship and Civil Record Agency officers in order to make the paperwork handling of citizenship document easier.]]>
<![CDATA[Equity Interest Scheme’s Compatibility with the UNCLOS 1982’s Common Heritage of Mankind Principle ]]>
<![CDATA[Agustina Merdekawati]]>;
<![CDATA[Marsudi Triatmodjo]]>
<![CDATA[ LAW REFORM Vol 18, No 1 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i1.43083
<![CDATA[The Mining Code Exploration for polymetallic sulphides and cobalt-rich ferromanganese crusts provide options for exploration contractors to offer an equity interest in a joint venture with Enterprise. UNCLOS 1982 has never regulated the existence of such a scheme as a substitute for the obligation to submit reserved areas at the exploration stage. The presence of the equity interest scheme raises questions on its compatibility with the Common Heritage of Mankind (CHM) principle, especially with the aspect of equitable benefits sharing (EBS) to all mankind. This study aimed to assess the compatibility of the equity interest scheme with the CHM principle. The study was conducted normatively by analyzing equity interest scheme implementation associated with the norms in the CHM principle and UNCLOS 1982. The results showed that the equity interest scheme is compatible with the EBS aspects in the CHM principle by presenting the optimization of financial benefits for all mankind. The implementation of the equity interest scheme, even though it is contrary to the provisions of Annex III Article 1982, is a form of subsequent practice accepted by state parties. This study recommends that the relevant stakeholders reconsider the involvement of the Enterprise in the equity interest scheme based on financing efficiency.]]>
<![CDATA[The Implementation of General Principles of Convention on The Rights of The Child During Covid-19 Pandemic in The City of Serang ]]>
<![CDATA[Ridwan Ridwan]]>;
<![CDATA[Belardo Prasetya Mega Jaya]]>;
<![CDATA[Sarah Haderizqi Imani]]>
<![CDATA[ LAW REFORM Vol 18, No 1 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i1.44643
<![CDATA[Convention on The Rights of The Child is the most comprehensive international legal instrument of human rights to promote and protect rights of children. In the late 2019, Coronavirus Disease 19 outbreak started. This pandemic then has led to socio-economic impact as a result of preventive and controlling actions. This pandemic has also affected the fulfillment of child’s rights including the rights of children in The City of Serang. This research was aimed at investigating the implementation of general principle of Convention on The Rights of The Child during Covid-19 pandemic in the city of Serang. This study applied normative research method, which is a research discussing legal aspects by studying literature sources on the applied regulations. The result of the study shows that the implementation of general principle of Convention on The Rights of The Child, consisting of the principle of non-discrimination, the best interest of the child, the right to life, survival and development, and the right to be heard, went well along with the establishment of Child Social Welfare Institute to serve children with special needs (LKSA), Integrated Service Centre for the Empowerment of Women and Children (P2TP2A) to receive complaints on the violation of children’s rights, Serang’s Children Forum as a media where children of Serang can participate. The implementation of the right to survival was not as good because Working group (Pokja) for adverse effect following immunization (KIPI) special for children has not effectively implemented.]]>
