Law Reform Jurnal Pembaharuan Hukum最新文献_第3页

The Implementation of Land Waqf Law in Indonesia and Malaysia as a Stage to Land Waqf Law Reform in Indonesia: A Comparative Study 印尼与马来西亚土地产权法的实施作为印尼土地产权法改革的一个阶段:比较研究

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2022-08-16 DOI: 10.14710/lr.v18i2.46673

Asma Hakimah, Ruzian Marom, Islamiyati Islamiyati, A. Musyafah, A. Budiman

{"title":"The Implementation of Land Waqf Law in Indonesia and Malaysia as a Stage to Land Waqf Law Reform in Indonesia: A Comparative Study","authors":"Asma Hakimah, Ruzian Marom, Islamiyati Islamiyati, A. Musyafah, A. Budiman","doi":"10.14710/lr.v18i2.46673","DOIUrl":"https://doi.org/10.14710/lr.v18i2.46673","url":null,"abstract":"Legal problems in the implementation of land waqf in the community are found in; wakif, status of waqf land, nadzir, wakif heirs, nadzir heirs, and land waqf institutions. Therefore, it is very important to conduct a research on A Comparative Study on the Implementation of Land Waqf Law in Indonesia and Malaysia as a Stage to Land Waqf Law Reform in Indonesia to analyze land waqf practices in Indonesia and Malaysia, then to compare and identify their similarities and differences. This research can provide ideas for the government in updating the land waqf law. This study used a comparative approach. The research data include primary and secondary data. The data were analyzed qualitatively. The results showed that there are some similarities of land waqf practices in Indonesia and Malaysia. These similarities are found in terms of ; its legal basis; forms of wakif and nadzir; as well as the position of the land waqf witness. Meanwhile, the difference lies in; land waqf management practices; government policy on waqf institutions; allotment, term, and settlement of land waqf disputes. By comparing Malaysian and Indonesia land waqf law practices, Indonesia can renew the land waqf law on the aspects of its legal rules and legal institutions.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41329034","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Supreme Court's Authority: Judicial Review of Statutes and By-Laws of Political Parties against Laws 最高法院的权力：对政党法规和章程的司法审查

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2022-08-16 DOI: 10.14710/lr.v18i2.46275

Fahri Bachmid, Diani Indah Rachmitasari

{"title":"The Supreme Court's Authority: Judicial Review of Statutes and By-Laws of Political Parties against Laws","authors":"Fahri Bachmid, Diani Indah Rachmitasari","doi":"10.14710/lr.v18i2.46275","DOIUrl":"https://doi.org/10.14710/lr.v18i2.46275","url":null,"abstract":"The debate about the authority of the Supreme Court to examine the Statutes and bylaws of Political Parties against the Law has become a problem in the practice of law in Indonesia. This study aims to analyze the nature of the Supreme Court's authority to examine the Statutes and bylaws of political parties against the law. This research is a normative legal research. The data collection technique used in this research is literature study. The analytical technique used in this research is hermeneutic analysis method and interpretation. The results of this study indicate that political parties as public legal entities are present in all aspects of government and have an important contribution in determining the direction of constitutional development in Indonesia. Ratification of the Articles of association and by-laws of Political Parties based on a Ministerial Decree and announced in the State Gazette of the Republic of Indonesia. In this case, the Statutes and bylaws of a political party are statutory regulations under laws and Ministerial Decrees. The Supreme Court must carry out its supervisory function, including testing the Statutes and bylaws of political parties that are in conflict with the Law on Political Parties. This study concludes that the Supreme Court exercises broad powers as judge made law, especially in dealing with complex cases, such as the Statutes and bylaws issues of political parties.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42611821","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Personal Data Protection to E-Commerce Consumer: What Are the Legal Challenges and Certainties? 电子商务消费者的个人资料保护:法律上的挑战和确定性?

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2022-08-16 DOI: 10.14710/lr.v18i2.43307

Rahmi Ayunda

{"title":"Personal Data Protection to E-Commerce Consumer: What Are the Legal Challenges and Certainties?","authors":"Rahmi Ayunda","doi":"10.14710/lr.v18i2.43307","DOIUrl":"https://doi.org/10.14710/lr.v18i2.43307","url":null,"abstract":"Internet is one of the media facilities that is not only used for communication, but is also used in the process of buying and selling or trading (e-commerce). Behind all the conveniences obtained, e-commerce also raises the issue of consumer concerns on the responsibility for personal data. This study aimed to examine and re-explain the urgency of protecting personal data of e-commerce consumers and focused on the challenges and legal certainty of protecting personal data of e-commerce consumers in Indonesia. The method used was a doctrinal research method. This study showed that the application of data in e-commerce provides many benefits. However, the challenge was the absence of binding laws to safeguard personal data submitted to ecommerce companies. Legal certainty for the protection of e-commerce consumers is currently contained in several laws and regulations. Therefore, it is necessary to improve the effectiveness in the implementation of personal data protection and to regulate the protection of personal data in a law. In Indonesia, the urgency of the ratification of the Personal Data Protection Bill may become a solution in providing legal certainty for the protection of e-commerce consumers on their personal data.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42653409","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Implication of Sea-level Rise Toward the Small Island Nation of Maldives: Legal Perspective 海平面上升对小岛屿国家马尔代夫的影响:法律视角

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2022-07-28 DOI: 10.14710/lr.v18i2.44698

P. Hananto, Nanik Trihastuti, S. Basir, R. Prananda, Dzulfiki Muhammad Rizki

{"title":"The Implication of Sea-level Rise Toward the Small Island Nation of Maldives: Legal Perspective","authors":"P. Hananto, Nanik Trihastuti, S. Basir, R. Prananda, Dzulfiki Muhammad Rizki","doi":"10.14710/lr.v18i2.44698","DOIUrl":"https://doi.org/10.14710/lr.v18i2.44698","url":null,"abstract":"Climate change has always been a major issue and a long discussion in the international community. One of the tangible manifestations of climate change is rising sea levels. Sea level rise also has a significant impact on small island countries or micro-countries which are geographically small and have very low land elevations. The impact of sea level rise will pose a threat that is quite dangerous for the existence of a small island nation like the Maldives. This article applies normative legal research methods using a conceptual approach, cases and regulations. This study aims to examine the implications of sea level rise on the Maldives perspective and provide options in the form of legal construction to solve this problem. This research found that The UNCLOS does not provide explicit reference against the sea-level rise effected by climate change. However, International community have been making progress to address this issue with a numbers of conferences. This study suggest that The Maldives government should have maximized the implementation of its laws and regulation to mitigate air space pollution coming from GHG Emission. The consistency of its implementation is the important key to mitigate the impact of this sea level rises.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47899290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Alternative Criminal Punishments for the Settlement of Misdemeanor in a Social Justice Perspective 社会正义视野下的错案替代刑事处罚

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2022-03-31 DOI: 10.14710/lr.v18i1.44712

Rizkan Zulyadi, Mohammad Belayet Hossain

{"title":"Alternative Criminal Punishments for the Settlement of Misdemeanor in a Social Justice Perspective","authors":"Rizkan Zulyadi, Mohammad Belayet Hossain","doi":"10.14710/lr.v18i1.44712","DOIUrl":"https://doi.org/10.14710/lr.v18i1.44712","url":null,"abstract":"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.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48233823","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Reconceptualizing Legal Arrangement on the Doctor-Patient Relationship in Indonesia 重新定义印尼医患关系的法律安排

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2022-03-31 DOI: 10.14710/lr.v18i1.44711

H. D. Iswandari, Sanjana Hoque

引用次数: 0

Equity Interest Scheme’s Compatibility with the UNCLOS 1982’s Common Heritage of Mankind Principle 股权计划与1982年《联合国海洋法公约》“人类共同遗产原则”的兼容性

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2022-03-31 DOI: 10.14710/lr.v18i1.43083

A. Merdekawati, Marsudi Triatmodjo

{"title":"Equity Interest Scheme’s Compatibility with the UNCLOS 1982’s Common Heritage of Mankind Principle","authors":"A. Merdekawati, Marsudi Triatmodjo","doi":"10.14710/lr.v18i1.43083","DOIUrl":"https://doi.org/10.14710/lr.v18i1.43083","url":null,"abstract":"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.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42383554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Fulfillment of Rights to Citizenship for Migrant Worker Deportees in Nunukan District 努努坎地区农民工公民权的实现

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2022-03-31 DOI: 10.14710/lr.v18i1.44655

M. Mahfud, K. Wibawa, L. Alw, Retno Saraswati

{"title":"The Fulfillment of Rights to Citizenship for Migrant Worker Deportees in Nunukan District","authors":"M. Mahfud, K. Wibawa, L. Alw, Retno Saraswati","doi":"10.14710/lr.v18i1.44655","DOIUrl":"https://doi.org/10.14710/lr.v18i1.44655","url":null,"abstract":"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.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46366633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Liability for Crimes against Humanity as A Form of Human Rights Violation (Criminal Law Perspective) 危害人类罪作为侵犯人权的一种形式的法律责任(刑法视角)

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2022-03-31 DOI: 10.14710/lr.v18i1.44154

Juanrico Alfaromona Sumaresz Titahelu

引用次数: 3

Contextualization of Legal Protection of Intellectual Property in Micro Small and Medium Enterprises in Indonesia 印尼中小微企业知识产权法律保护的语境化研究

Law Reform Jurnal Pembaharuan Hukum Pub Date : 2022-03-31 DOI: 10.14710/lr.v18i1.42568

H. Disemadi

{"title":"Contextualization of Legal Protection of Intellectual Property in Micro Small and Medium Enterprises in Indonesia","authors":"H. Disemadi","doi":"10.14710/lr.v18i1.42568","DOIUrl":"https://doi.org/10.14710/lr.v18i1.42568","url":null,"abstract":"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.","PeriodicalId":33353,"journal":{"name":"Law Reform Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43516599","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 8