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INDONESIA
LAW REFORM
Published by Universitas Diponegoro
ISSN : 18584810     EISSN : 25808508     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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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Articles 8 Documents
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Search results for , issue "Vol 19, No 1 (2023)" : 8 Documents clear
Legal Construction of Crypto Assets as Objects of Fiduciary Collateral Sri Mulyani; Siti Mariyam; Hieu Hong Trung Le
LAW REFORM Vol 19, No 1 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i1.52697

Abstract

Crypto assets have become the commodities traded on the Futures Exchange. Based on the data from the Ministry of Trade, the number of crypto asset investors in Indonesia will reach 11 million people by the end of 2021. The high level of crypto investment and public interest in crypto as a digital asset provide excellent opportunities for Indonesia's digital industry and economic growth. This research will discuss the use of crypto assets as objects of fiduciary collaterals and the legal framework used as a legal basis for crypto assets subject to fiduciary collaterals. The research methodology is normative juridical applied using a comparative approach to the laws in Indonesia and Vietnam because the rules regarding crypto assets in Vietnam are clearer. The data collected were secondary data, and the they were analysed using qualitative data analysis. The results of the study show that crypto assets are intangible movable objects that have economic value and can be transferred due to an agreement through each user's account so that conceptually crypto assets can be used as fiduciary collateral objects. However, considering that crypto assets are digital currencies cannot be predicted, legal protection for creditors holding crypto asset collaterals is still weak. In addition to the absence of regulations that specifically regulate crypto assets that can be used as objects of fiduciary collateral, there are also difficulties in execution, so there is a need for a construction legal umbrella that regulates crypto assets to be used as fiduciary collateral objects.
Application of Universal Jurisdiction Principles to Cross-Country Money Laundering Efendi Lod Simanjutak; Anatoliy Kostruba
LAW REFORM Vol 19, No 1 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i1.48966

Abstract

The fight against transnational crimes, particularly involving cross-border money laundering, requires a shift from a territorial to a universal jurisdiction approach. The aim of this investigation was to explore the practicality of universal jurisdiction principles in combating cross-border money laundering, which eludes effective criminal law mechanisms to arrest and prosecute offenders. Findings revealed that the crime of cross-border money laundering has not been considered one of the delicta juris gentium or international crimes, leading to an increase in the number of perpetrators who enjoyed refuge in various countries. Therefore, a universal jurisdiction approach is necessary to ensure that criminals are not immune to prosecution, and justice is served universally. As a result, every state must fulfill its obligation of arresting and prosecuting offenders wherever they may be found to uphold the law and universal justice. In conclusion, the need for a universal jurisdiction approach is crucial to combat the increasing threat of transnational crimes, particularly in the context of cross-border money laundering.
The Conference of Parties - 27 (COP-27) Agreement As an Instrument of State Policy in Handling Deforestation: A Comparative Study of Sweden and Indonesian Governments Muhammad Mutawalli; Zainal Amin Ayub; Maskun Maskun; Marthen Napang
LAW REFORM Vol 19, No 1 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i1.52926

Abstract

The climate crisis is a threat to countries in the world. One of the factors causing the climate crisis is deforestation. Indonesia as the third largest tropical forest country in the world certainly has an impact on the world's climate. Indonesia is a victim of deforestation, moreover reforestation of forest land does not match the rate of deforestation. This research is a normative legal study, using comparative, conceptual, and regulatory approaches. This study discusses the implementation of the Conference of Parties - 27 (COP-27 ) agreement as the basis for establishing policy instruments in Indonesia in dealing with deforestation and looks at Sweden as a comparison in handling deforestation through a policy instrument scheme. This study found that Sweden, through its green politics concept, was able to control the harvesting and utilization of forest products effectively. COP-27 has environmental control principles, one of which is the global net zero principle, namely the earth's temperature is no more than 1.5 degrees. it is hoped that the principles in COP-27 will guide the Indonesian government in making legal policy instruments for environmental management, especially handling deforestation. This research suggests that, like Sweden's green politics, Indonesia needs to present strategic policies through the Green Environmentally Concept policy through policy instruments, be it through laws and regulations, government regulations, or presidential regulations to the level of regional regulations.
Authority of the Dispute Council in the Resolution of Construction Disputes in Indonesia Nurindria Naharista Vidyapramatya; Emmy Latifah; Elfia Farida; Antonius Alexander Tigor
LAW REFORM Vol 19, No 1 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i1.49141

Abstract

The Dispute Council is a construction dispute resolution forum mandated by Law Number 2 of 2017 concerning Construction Services. The existence of the Dispute Council as a construction dispute resolution forum is actually not much different from other alternative dispute resolution forums, such as negotiation, mediation, and arbitration. However, the Construction Services Law mandates that a Dispute Council be formed by the parties simultaneously with the preparation of a construction work contract. In practice, decisions made by the Dispute Council are often not final and binding if one of the parties is not willing to implement the decision of the Dispute Council. This study aimed to compare the effectiveness of the authorities between the Dispute Council and other alternative dispute resolution forums. This research was normative research. The data used were secondary data consisting of primary, secondary, and tertiary legal materials. The data collection technique used literature study, and the data analysis technique used qualitative analysis. The results of the research show that the dispute resolution process with the Dispute Council is ineffective because it takes a long time. Parties who do not want to implement the decision of the Dispute Council will continue the dispute resolution process to arbitration. In fact, when the arbitration process fails, the dispute is submitted to court. This situation becomes more effective and saves time when the resolution of construction disputes directly uses arbitration without going through the Dispute Council first.
The Entry Selection System in Indonesia’s Public High Schools: Quo vadis Muhamad Dzadit Taqwa; M. Irfan Dwi Putra; Edmond Wangtri Putra
LAW REFORM Vol 19, No 1 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i1.51552

Abstract

The selection mechanism for students seeking admission into public high schools still leaves the question: is it going to solve problems or even worsen them? The zoning, age, and affirmation bases were initially oriented to be an inclusive selection system based on the concept of equity. Conversely, these bases lead to new problems, such as (1) the disappearance of a fair selection mechanism based on merit, (2) the inability of students from low-quality educational backgrounds to compete with students from high-quality educational backgrounds, (3) the challenges experienced by teachers in adjusting the quality gap between the students selected by the merit-based system and those selected by the current system, (4) the damaged school culture, and (5) the occurrence of legal manipulation. Using the legal normative approach, the aim of the study analyzed this issue through the right and freedom of education. The result that the status quo system is not in line with the freedom of education, and even creates new problems. The government should have improved the quality of the education infrastructures such as teachers, curriculum, and school facilities, before focusing on the access to education. This mechanism becomes an unfair hurdle on their right to and freedom of education. The government to carefully review and re-examine the status quo system; the end might be a significant revision on the existing regulations.
The Educational Role of The Constitutional Court in Compliance of Indonesian Citizens Siti Marwiyah; M Syahrul Borman; Ruba'ie Ruba'ie; M Chotib Ramadhani; Retno Saraswati; Non Naprathansuk
LAW REFORM Vol 19, No 1 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i1.53971

Abstract

The Constitutional Court (MK) has a strategic position, authority, and obligation to determine the future of the Indonesian nation. This study aims to examine the educational role of the Constitutional Court in developing a constitutional understanding of Indonesian citizens constitutionally. This research used doctrinal legal research method, a process to find the rule of law, legal principles, and legal doctrines to answer the legal problems faced. The results showed the educative role of the Constitutional Court in fostering constitutional understanding of Indonesian citizens by creating programs to promote constitutional understanding of Indonesian citizens, i.e.:  increasing the understanding of citizens' constitutional rights;  disseminating information on the Constitutional Court, and development of constitutional awareness culture.; debate on student constitutions between universities throughout indonesia; telling the values of Pancasila on social media; and increasing understanding of the constitutional rights of civics with outstanding teachers; and educating people's attention. The Constitutional Court's products in the form of decisions contain public education on compliance with the Constitution correctly and rationally. The Constitutional Court's decision will always be linked to the public with the Constitution and the interests of justice seekers because the court examines the interests of justice seekers related to the Constitution.
Legal Certainty in Land Rights Acquisition in Indonesia’s National Land Law Try Widiyono; Md Zubair Kasem Khan
LAW REFORM Vol 19, No 1 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i1.48393

Abstract

Acquisition of land rights has been a protracted issue due to the complexity of land laws and regulations in Indonesia. This situation often leads to illegal land disputes and conflicts. This research investigated the aspect of legal certainty in land rights based on Indonesian laws and regulations. This study focused on the aspects of legal certainty in several laws and regulations related to land rights and examined the implications of the Law on Land Acquisition and Government Regulations (PP) of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration. The research methods involved a qualitative approach with a normative and juridical approach. The research results highlight significant progress in recent regulations, such as the Perppu Cipta Kerja 2022 and PP 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration, regarding more efficient and transparent procedures in providing legal certainty in obtaining the rights above ground. This finding implies the need for continuous improvement to strengthen legal certainty and to protect the rights of all parties. This research emphasizes the importance of harmonizing laws and regulations to create a conducive environment for the responsible and sustainable acquisition of land rights in Indonesia.
The Indonesian Constitutional Court Approaches the Proportionality Principle to the Cases Involving Competing Rights Tanto Lailam; Putri Anggia
LAW REFORM Vol 19, No 1 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i1.54087

Abstract

The research focuses on the proportionality analysis of the competing socio-economic rights in the Indonesian Constitutional Court / Mahkamah Konstitusi Republik Indonesia (the MKRI). It is motivated by the unclear concept/model of proportionality analysis in Indonesia and its application by the court. The research method used was normative legal research with statutory and case approaches. The MKRI's general practices need to be more structured, unsystematized, and uncomprehensive to implement with four stages: legitimate aims, suitability, necessity, and balancing. It applies a model that refers to the legal objectives based on Pancasila and the 1945 Constitution. It declares the balance of fundamental rights and obligations of citizens based on the values of the godhead, humanity, unity, democracy, and social justice. Hence, some decisions used proportionality analysis, specifically in economic rights. Its implications create a balance of legal norms and integratively value legal certainty, justice, and legal expediency.

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