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Ridwan Arifin
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Gedung K Lantai 2, Magister Hukum, Fakultas Hukum Universitas Negeri Semarang, Sekaran, Gunungpati Semarang, Jawa Tengah, 50229
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Journal of Law and Legal Reform
Published by Universitas Negeri Semarang
ISSN : 27150941     EISSN : 27150968     DOI : https://doi.org/10.15294/jllr
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Law and Legal Reform is a double blind peer-reviewed journal, published by Postgraduate Program (Master of Laws Program) Faculty of Law Universitas Negeri Semarang (ISSN Print 2715-0941, ISSN Online 2715-0968). The Journal exclusively published in English both printed and online version, and publish four times each year, every January, April, July, October. The Journal publishes article (Research and Review Article) concerning to legal studies. The journal is intended to be a scientific legal journal that publishes a high quality of law research and works. In order to guarantee wider reach on a global scale, this journal opens opportunities for anyone, researchers, academics, practitioners, and students from all over the world to publish their best manuscripts in this journal. The name of the journal—Law and Legal Reform—to give the impression that this journal brings the spirit of legal change with all its aspects.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 3 No 3 (2022): The Future Challenges in Legal Reform: Theories and Practices" : 6 Documents clear
How to handle the administrative violations in the Election? A Discourse of Characteristic of Bawaslu Verdict
Journal of Law and Legal Reform Vol 3 No 3 (2022): The Future Challenges in Legal Reform: Theories and Practices
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v3i3.55058

Abstract

One of the impacts of strengthening the Election Supervisory Body (Bawaslu)’s authorityfrom the central level to Regency/City level in handling election administrative violations is to guarantee thecertainty of law for the justice seekers. This is based on the authority to examine and decide on allegations of handling election administrative violations. The authority to handle this violation is based on the Article 461 paragraph (1) of Law Number 7 of 2017 about Election. Bythe authority, Bawaslu is a semi-judicial or quasi-judicial institution. The output of the handling is in the form of verdict such as court verdict in general which have final and binding power and have execution force for the ranks of the Elections Commission (KPU). This executive power can be seen in verdict that can be directly executed without having to wait or require approval from the KPU through the issuance of verdict. As a final verdict, the verdict of Bawaslu, Provincial Bawaslu and Regency/City Bawaslu also have constitutive and condemnatory characteristic nature.With these characteristics, the purpose of issuing a Bawaslu verdict is to finalizing administrative violation caseof the election. However, at the practical level, the nature of the final and binding does not apply to Provincial Bawaslu and Regency/City Bawaslu. This can be seen in the existence of legal remedies against the verdict through a request for correction to the RI Bawaslu (central).
The Discourse of Granting The Rights of Prisoners in Indonesia: The Legal Political Issue and Future Challenges
Journal of Law and Legal Reform Vol 3 No 3 (2022): The Future Challenges in Legal Reform: Theories and Practices
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v3i3.55979

Abstract

Sentencing is a process of the criminal justice system which is seen as giving punishment to those who commit crimes or criminal acts. A convict who is serving a sentence in a prison is called a prisoner who must be given his rights in the context of the development process according to the correctional system. These rights are regulated by Law number 12 of 1995 concerning Corrections which has been delegated through government regulation number 99 of 2012. Until now, the regulation still invites controversy because its content is related to the rules for remission and parole for special prisoners. The author will examine the purpose of making regulation number 99 of 2012, where the study of legal politics. This study uses a qualitative legal research approach with sociological juridical research. The results of this study are when viewed from three legal politics criteria, namely: first, related to state policies regarding the application of law as a way to achieve state goals, namely protecting the entire Indonesian nation and all Indonesian bloodshed, as well as the goals of the correctional system. Second, related to the background of law enforcement because the granting of rights to prisoners of extraordinary crimes needs to be tightened to fulfill the community's sense of justice. Third, related to law enforcement that has been carried out has been going well because the tightening of the granting of these rights resulted in not all prisoners getting remission and parole.
The need to establish a specialized sports law federation in Iran and its role in investigating sports crimes
Journal of Law and Legal Reform Vol 3 No 3 (2022): The Future Challenges in Legal Reform: Theories and Practices
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v3i3.56099

Abstract

The existence of sports crimes throughout the history of sports is an issue that affects the lives of athletes and those involved in this field and has always been considered as a phenomenon that shows a group of people in the sports community against social norms. Therefore, recognizing the main roots of crimes and sports injuries is one of the ideals that sports law experts have had in mind for a long time. Investigation is a sport crime. The method of this article is quantitative and qualitative. In other words, the research method in this study is mixed research. Library information using reputable scientific journals and publications and articles published in them. The main tool for data collection in this research is a questionnaire and interviews. In this research, two researcher-made questionnaires were used and quantitative data from SPSS software were analyzed using descriptive and inferential statistics. Findings of this study have studied the establishment of a legal federation in Iran. This study was conducted with the cooperation of 270 managers, coaches, judges, experts, and journalists. As a result, according to the findings, it is necessary to establish a legal federation and, consequently, legal committees in the general departments of youth sports in the provinces of the country, which can include such things as: Coordination, control and supervision of staff, supervisors, coaches and athletes according to the description of duties and relevant authorities, necessary measures regarding the presence of students in clubs
Law Enforcement on Management of Limestone Mining Without Permits According to Law Number 3 of 2020 concerning Mineral and Coal Mining
Journal of Law and Legal Reform Vol 3 No 3 (2022): The Future Challenges in Legal Reform: Theories and Practices
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v3i3.56286

Abstract

Mining activities in Indonesia are carried out by mining companies that already have official permits. In connection with the existence of mining activities without a permit on objects on the ground, the government issued a legal product in providing protection, which is regulated in Law Number 3 of 2020 concerning Mineral and Coal Mining. The objectives of this study are: 1) Explain the management of limestone mining permits according to Law Number 3 of 2020 concerning Mineral and Coal Mining. 2) Explain law enforcement against limestone mining without a permit according to Law Number 3 of 2020 concerning Mineral and Coal Mining. The method used in this research is using a normative approach. The research specification in this paper is descriptive analytical. The results of the study show: 1) The management of limestone mining permits in Law Number 3 of 2020 concerning Mineral and Coal Mining is carried out in accordance with the provisions in Article 35 Paragraph (4), in which the permits are carried out based on the delegation of authority of the Central Government. 2) Law enforcement against limestone mining without a permit can be said to be ineffective and not in accordance with the purpose of punishment. Given that mining without a permit is a mining crime in the environmental sector, the imposition of criminal sanctions should be oriented towards the environment.
Regulation Arrangement through The Judicial Power: The Challenges of Adding the Authority of The Constitutional Court and The Supreme Court
Journal of Law and Legal Reform Vol 3 No 3 (2022): The Future Challenges in Legal Reform: Theories and Practices
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v3i3.58317

Abstract

Disharmony and regulation arrangement is one of the problems in Indonesia that has not been completely resolved. Efforts have been made by the government and various parties. But in reality, disharmony and regulation arrangement are still a problem in Indonesia. There needs to be an out of the box solution, one of which involves the judicial power to organize regulations. The researchers in this article have two problem formulations, namely (1) how is the arrangement of regulations through judicial power from the theoretical aspect? and (2) how is the arrangement of regulations through the Constitutional Court and the Supreme Court to realize a synchronized and harmonious simplification of regulations? First, regulatory arrangements can be made by the judiciary through instruments and processes called judicial review. Theoretically, judicial review can be used as an instrument and a process for structuring regulations so that they are synchronous and harmonious. In Indonesia, a judicial review has been applied to the authority of the Constitutional Court and the Supreme Court. This means that theoretically, regulatory arrangements can be made by the judiciary, in this case the Constitutional Court and the Supreme Court. Second, the judicial review carried out in the context of structuring regulations must be comprehensive on all types of laws and regulations and systematically tiered. Judicial review can also be done horizontally and vertically.
Analysis of the Legal and Institutional Frameworks Regulating Oil and Gas Resources in Tanzania
Journal of Law and Legal Reform Vol 3 No 3 (2022): The Future Challenges in Legal Reform: Theories and Practices
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v3i3.58625

Abstract

This study examines the legal and institutional framework regulating oil and gas sector in Tanzania. Oil and gas resources have been considered as the world’s valuable resource. For countries to benefit from these resources, the presence of adequate laws and institutions is of a paramount importance. The analysis on whether or not Tanzania has adequate laws and institutions that regulate oil and gas resources entail thorough review of all necessary legal documents including: statutes, legal books, journal articles and policies relating to oil and gas resources in Tanzania. The data were collected through documentary review and interview from informants working in institutions established by the petroleum laws for the respective union and Zanzibar Revolutionary Governments. The findings show that legal and institutional frameworks regulating oil and gas in Tanzania suffer from practical challenges such as: separate governing laws, lack of coordination for established institutions and overlapping powers among institutions governing oil and gas between Union and Revolutionary Government of Zanzibar. The study recommends that laws should be amendment to provide for independent and autonomous institutions, to establish coordinating unit among institutions, harmonization of oil and gas governing laws and instituting transparent and accountable decision-making bodies.

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