Journal of Law and Legal Reform
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.
Articles
247 Documents
<![CDATA[Lifetime Imprisonment in the Perspective of Human Rights ]]>
<![CDATA[Masrur, Toha]]>;
<![CDATA[Budimartono, Budimartono]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 2 (2021): Global Discourses on Justice, Human Rights and Legal Certainty ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i2.46488
<![CDATA[Lifetime imprisonment applied in Criminal Justice System in Indonesia and it raised pros and cons in the practices. However, this kind of punishment has a long time history for Indonesian criminal law. On the other side, this punishment often criticized by legal experts especially related to human rights. The Republic of Indonesia has guaranteed the protection of human rights, based on the provisions of the law, and not including the will of a person or a group that can be the basis of power. In this case, the 1945 Constitution has regulated the human rights that have been enshrined and described in article 28 letter A to article 28 letter J. therefore, the certainty in the article can be attributed using Law No. 39 of 1999 on Human Rights which explains that everyone has the right to live in a peaceful, secure, and peaceful society and state that respects, protects, and fully implements human rights and basic human obligations as regulated in this law. The implementation of life sentence decisions in the Indonesian legal system contradicts human rights, namely the right to live independently in accordance with the values ​​of pancasi1a and the 1945 constitution. In the criminal system in Indonesia, life imprisonment is one of the alternatives to the death penalty. Lifetime imprisonment is related to the subsidiary function which is a substitute for a criminal who is punishable by a maximum death penalty. The punishment is the classification of criminal sanctions that can be selected in its implementation.]]>
<![CDATA[Freedom of Association for Labours in the Industrial Relationship ]]>
<![CDATA[Yunus, Yunus]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 3 (2021): Justice and Legal Reform in the Broader Context ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i2.46501
<![CDATA[Law No. 21 of 2000 concerning Labor Unions is established freely, openly, independently, democratically and are also responsible for workers to fight for the interests of workers and their families. Likewise, unions are expected to be able to coordinate the realization of the right to unionize to the fullest. Because everyone is given the right to freely form or participate in membership or become administrators in community organizations in the territory of the Republic of Indonesia. The right of association for workers, as regulated in the International Labor Organization (ILO) Convention Number 87 concerning Freedom of Association and Protection of the Right to Organize. This paper is intended to analyze the concept of freedom of association and the dispute on the industrial relationship.]]>
<![CDATA[Role of Damang (Tribal Chief) on Domestic Violence Cases (Study at Palangka Raya City, Indonesia) ]]>
<![CDATA[Husein, Agustina Rahayu]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 3 (2021): Justice and Legal Reform in the Broader Context ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i2.46534
<![CDATA[This study aims to introduce the community to the customs of the Dayak tribe as well as to describe the role of the traditional head damang in handling cases of domestic violence that occurred in the city of Palangka Raya. The people of Central Kalimantan carry out their lives based on rules, norms or orders in navigating life that are regulated by traditional institutions in the form of kedamangan which in this kedamangan customary institution consist of damang, sub-district customary mantir, and village customary mantir. Damang is a customary leader and head of the district level customary peace mantir density who is authorized to enforce Dayak customary law in a customary area. The problem of domestic violence is a serious case that must be handled by the damang because the damang is a person who has the position to resolve and decide on a customary case that occurs in the adat community.]]>
<![CDATA[Letter C Document as a Preliminary Evidence of Ownership of Land Rights (Study in Kebumen District, Indonesia) ]]>
<![CDATA[Paryanto, Paryanto]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 3 (2021): Justice and Legal Reform in the Broader Context ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i2.46535
<![CDATA[Land is the main need for humans because human life cannot be separated from the soil. The Indonesian state is increasingly experiencing developments in the arrangement of land ownership rights, which is followed by the issuance of regulations governing land. Understanding of the initial evidence of ownership of land rights between the community and government institutions in conflict areas such as what happened in Central Java, the southern part of Kebumen Regency, there is an area called urutsewu. This creates a gap both vertically and horizontally, based on the legality of proof of ownership of legal property rights, namely a certificate, but to issue a certificate it must be preceded by initial evidence of ownership such as letter C books, SPPT and other evidence available at the village level, in accordance with the Law. Basic Agrarian Law Number 5 of 1960. From this description, what is the strength of the evidence for quoting the village letter C book in obtaining rights and what is the procedure for obtaining land rights, what is the status of ownership of land rights with evidence of village letter C quotations in the Urutsewu area, Regency of Kebumen.]]>
<![CDATA[Implementation of Local Regulation on Health Protocol during Covid-19 Outbreaks in Pontianak Indonesia ]]>
<![CDATA[Deny, Deny]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 3 (2021): Justice and Legal Reform in the Broader Context ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i2.46536
<![CDATA[The city of Pontianak is the entrance to various regions and is the heart of defense in West Kalimantan in preventing the Covid-19 virus, encouraging all regional heads to issue policies and rules to maintain the safety of the health of their citizens. Pontianak Mayor Regulation Number 58 of 2020 serves as a legal umbrella in an effort to prevent the spread of Covid-19. Become the basis of authority for the local government of Pontianak City in forming policies and regulations in the area. The role of the Pontianak city government in issuing policies and rules to break the chain of the spread of the Covid-19 virus. The efforts of the Pontianak city government to participate in assisting the central government program, which is the task of the national government in breaking the chain of the Covid-19 virus. This research is intended to analyze the law and policy concerning the Covid-19 handling in Indonesia, especially in Pontianak City. This research compared some laws and regulation both national and local regulation related to Covid-19 handling.]]>
<![CDATA[Indonesian Anti-Corruption Law Enforcement: Current Problems and Challenges ]]>
<![CDATA[Suramin, Suramin]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 2 (2021): Global Discourses on Justice, Human Rights and Legal Certainty ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i2.46612
<![CDATA[Corruption needs to be prevented and tackled not only because of its foul, but also economically cause financial losses to the state and is a violation of the rights of the social and economic community. This research is intended to analyze the law enforcement on some corruption cases in Indonesia. The results showed that the number of corruptions is still increase caused by factors such as lack of understanding of the law enforcement officers on duties and responsibilities, lack of morality of apparatus, as well as the lack of a functioning supervisory institutions. In completing a corruption case, should be implemented sincerely, careful meticulous in making the concept of charges and match with the formulation of the offense and the principles of the criminal before the case was transferred to the court. It should also improve the quality and improve the mental attitude of law enforcement officers.]]>
<![CDATA[Settlement of Auction Disputes over Land and Building Collateral Objects ]]>
<![CDATA[Prihartanto, Mohamad Dodi]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 2 (2021): Global Discourses on Justice, Human Rights and Legal Certainty ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i2.46613
<![CDATA[The implementation of the auction still faced many obstacles and lawsuits that lead to auction disputes against the object of the Guarantee Rights. The purpose of making this article is to find out how land and building guarantee auction disputes occur for the object of the Mortgage and how to resolve it. The qualitative approach method is descriptive analytical namely describing systematically factually and accurately regarding the settlement of auction disputes in accordance with the legislation, then the legal facts are analyzed. The research revealed and showed that the conduct of auctions often results in disputes. The auction will affect the parties involved as auctioneer, namely the Bank as the creditor, the State Wealth and Auction Service Office (KPKNL), and the National Land Office. This of course will also affect public confidence in legal certainty in the implementation of the auction. The auction in this case the KPKNL, uses the basis of the Execution Parate, as well as through the fiat court. Parate execution based on Article 6 of the Mortgage Law which is supported Regulation of the Minister of Finance concerning Technical Guidelines for Implementation of Tenders, is expected to be implemented properly so that legal certainty can be achieved. Apart from that, settlement of an auction dispute for the object of the Mortgage Rights is carried out by selling under hand, this is based on Article 20 paragraph (2) UUHT Number 4 of 1996, "The right to sell on one's own power" the object of the Mortgage.]]>
<![CDATA[How Are Business Actors Responsible for Consumer Losses in Default Cases? An Analysis of Indonesian Consumer Protection Law ]]>
<![CDATA[Fajriana, Mia Maulia]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 2 (2021): Global Discourses on Justice, Human Rights and Legal Certainty ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i2.46614
<![CDATA[Consumer protection is an integral part of healthy business activities. Default is one of the parties to the agreement which constitutes negligence to meet the conditions set forth in an agreement. This research aims to find out the form of responsibility of businesses for consumer losses due to default and a form of consumer protection for consumer losses due to default. The method of this research is an empirical legal research method or empirical juridical, which is where this empirical law research discusses how the law can operate in society (ius operatum). The results of the study explained that the Consumer Protection Act No. 8 of 1999 already has provided good protection to consumers. This is evident from its wide material coverage and provides maximum protection for consumers. One of them is by regulating the responsibility of businesses to losses experienced by consumers from the sale or transaction. The conclusion of this study shows that the responsibility of businesses for consumer losses due to default under Law No. 8 of 1999 on Consumer Protection can be done by continuing/canceling the agreement and indemnifying losses incurred as a result of the default. It is in accordance with the positive law that applies in Indonesia namely that a consumer if harmed in consuming goods or services, can sue the party that caused the loss. With the qualification of a default lawsuit or an act against the law.]]>
<![CDATA[Power and Authority in the State Administration System: Comparing the Netherlands and Indonesia ]]>
<![CDATA[Suryajiyoso, Suryajiyoso]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 3 (2021): Justice and Legal Reform in the Broader Context ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i2.46615
<![CDATA[The state is an organization that includes territory, a number of people, and has sovereign power. Every country has a political system, namely a pattern of mechanisms or the exercise of power. While power is the right and authority and responsibility to manage certain tasks. The management of a country is what is called the constitutional system. The constitutional system is studied in political science. In Indonesia, the regulation of the constitutional system is regulated in the 1945 Constitution, Laws or Government Regulations in Lieu of Laws, Government Regulations, Presidential Regulations, and Regional Regulations. The government of the Netherlands adheres to a constitutional monarchy system, where the government is established under a constitutional system that recognizes the king (or emperor) as the head of state. Modern constitutional monarchies usually use the concept of trias politica or triad politics. This means that the king is only the symbolic chairman of the executive branch. If a king has full governmental power, he is called absolute monarchy. Because the Dutch state adheres to a constitutional monarchy government system, this governmental process has an impact, namely that sometimes it comes from the king himself because he is afraid of being coup d'etat or sometimes the constitutional process takes effect because of the people's revolution against the king.]]>
<![CDATA[Environmental Impact Analysis in Indonesia Post-Job Creation Law: A Sociological Jurisprudence Approach ]]>
<![CDATA[Cahyani, Kartika Nur]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 3 (2021): Justice and Legal Reform in the Broader Context ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i2.46616
<![CDATA[Law is a rule or means in the administration of the state, in order to achieve an orderly, safe and secure life, the rights of the community are required. According to positivism, law is an order from those who hold the highest power or hold sovereignty. Law is considered as a logical, fixed, and closed logical system. Sociological Jurisprudence theory argues that a good law must be a law that is in accordance with the law that lives in society. Sociological jurisprudence shows that there is a compromise between written law as the need of the legal community for the creation of legal certainty (legal positivism) and living law as a form of appreciation for the important role of society in the development of law formation and legal orientation.]]>
