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Law Reform: Jurnal Pembaharuan Hukum
Scopus
ISSN 1858-4810 · Master of Law, Faculty of Law, Universitas Diponegoro · 125 articles in the index
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Journal Article
Environmental Damage: Community Lawsuit Against The Government Over Industrial Business Licenses
Legal policies causing environmental damage raise questions about legal standing to file lawsuits with the State Administrative Court and its authority over business license disputes. This study examines the challenges and opportunities in implementing the authority of the state administrative…
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Journal Article
Optimizing the Role of State Administrative Court Decisions in State Financial Recovery
The government has significant authority in managing state finances, demonstrated by its ability to enact laws and to take public legal action through government decisions and actions. A number of authorities are inextricably linked to the measures taken to ensure that state finance can fund all…
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Journal Article
Incongruence in the Definition of Land Rights in National Agrarian Law: A Path to Legal Uncertainty
Legal certainty as one of the goals of national land law will not be created when there is incongruence in the definition of land rights in regulations. This incongruity may affect the formation, implementation and interpretation of law in the agrarian sector. The aim of this article is to analyze…
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Journal Article
Revitalising Indigenous Rights Participation in Mining Lawmaking Process: Evaluation and Proposal for Indonesia
Indonesia's climate ambition, particularly in developing an electric vehicle ecosystem, has made significant progress since 2019 through the adoption of various legal instruments leading to mining law reform. These initiatives include establishing an electric vehicle battery industry supported by…
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Journal Article
Harmonizing the Rules: “A Socio-Legal Analysis of FIFA Stadium Safety and Security Standards and Indonesian Football Regulations – Aftermath Kanjuruhan Tragedy"
The death of over 100 Indonesian football supporters at Kanjuruhan Stadium has raised significant concerns about the legal aspects of security and safety management in Indonesian stadiums. This conceptual article conducts a comparative legal analysis between FIFA's Stadium Safety and Security…
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Journal Article
Integrating IPR Integrity and Freedom of Expression: A Normative Analysis
Algorithm as a digital innovation plays a crucial role in facilitating communication and public discourse. Its utilization is a significant issue that must be carefully analyzed to ensure it doesn’t impede key human rights, specifically the right to freedom of expression. The widespread use of…
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Journal Article
The Dynamics of Government Fiscal Policy Post COVID-19 Pandemic in Indonesia (Legal Analysis of Government Regulation instead of Law Number 1 Year 2020)
The COVID-19 pandemic had a significant impact on various countries, including Indonesia, in particular on the securing of the state budget and state financial stability in anticipation of the systemic and comprehensive impact of the pandemic. This deviation is not in line with the Indonesian…
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Journal Article
Guidelines for Implementing Imprisonment Sentences with Single Formulation (A Critique of Book I of the National Criminal Code)
The most basic difference in the criminal system between the Criminal Code (WvS) and the National Criminal Code is the provision of sentencing guidelines. It is important to formulate guidelines for sentencing as a provision to achieve the objectives of punishment because they are related to the…
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Journal Article
Biopiracy and the Regulatory Framework for Material Transfer Agreements in Indonesia
Biopiracy, the misappropriation of biological and genetic resources including the ones related to traditional knowledge, is a major challenge to some of the world’s megadiverse countries. Indonesia has been a major victim of biopiracy, facilitated by the current patent system. This article examines…
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Journal Article
Legal Issues of Artificial Intelligence – Generated Works: Challenges on Indonesian Copyright
Digital transformation fosters the massive utilization of Artificial Intelligence (AI) in creating literary, artistic, and musical works worldwide, including in Indonesia. The autonomous functioning of AI challenges the essential presumption that technology is merely a device in the hands of humans…
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Journal Article
The Urgency of Presidential Institution Regulations in Strengthening the Presidential Government System
The existence and authority of the executive, legislative and judicial institutions are regulated in the 1945 Constitution of the Republic of Indonesia, then regulated in more detail in the law, except for the President. There is no law on presidential institutions yet, so there is concern that the…
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Journal Article
Legal Construction of Crypto Assets as Objects of Fiduciary Collateral
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…
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Journal Article
Indonesia Government Sets Back: The Rule Of Law, Collaborative Governance And Human Right Challenges During Covid-19
The COVID-19 pandemic has taken mankind by surprise and has caused many governments to impose various rules and strategies to contain it. This article discusses the social impact of government policies during COVID-19, the role of agencies other than the government, and the importance of human…
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Journal Article
Application of Universal Jurisdiction Principles to Cross-Country Money Laundering
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…
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Journal Article
The Educational Role of The Constitutional Court in Compliance of Indonesian Citizens
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…
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Journal Article
Legal Certainty in Land Rights Acquisition in Indonesia’s National Land Law
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…
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Journal Article
The Indonesian Constitutional Court Approaches the Proportionality Principle to the Cases Involving Competing Rights
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…
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Journal Article
Authority of the Dispute Council in the Resolution of Construction Disputes in Indonesia
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…
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Journal Article
The Entry Selection System in Indonesia’s Public High Schools: Quo vadis
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…
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Journal Article
Measuring The Effectiveness of Private Electronic System Organizers Regulations In Developing Social Media Equilibrium
Technological developments, especially social media, potentially have a negative impact that pretend to social disintegration and instability. To prevent and create a healthy and conducive digital space, the Government issued the Minister of Communication and Information Regulation No.5/2020…