Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
33 articles
Proceedings Article
Peer-Review Statements
Sholahuddin Al Fatih, Hilaire Tegnan, Muhamad Helmi Md. Said, Nur Rohim Yunus, Abdullah Saeed, Fokke J. Fernhout, Teng Junaidi Gunawan, Mokhammad Najih, Jady Zaidi Hassim, Dewa Gede Sudika Mangku, Hasnan Bachtiar, Fifik Wiryani, Hikmahanto Juwana, Sonny Zulhuda, Muhammad Fauzan, Irma Cahyaningtyas, Kholis Roisah, Syamsul Arifin
All of the articles in this proceedings volume have been presented at the 6th International Conference on Law Reform during July 21-23, 2025 in Rayz Hotel, Malang, East Java, Indonesia. These articles have been peer reviewed by the members of the Scientific Committee and approved by the Editor-in-Chief,...
Proceedings Article
The Phenomenology of Agricultural Trade System and Endeavoring to Protect Farmers
Keri Pranata, Afrizal Mukti Wibowo, Moh. Fadli, Imam Koeswahyono
This study is intended to protect farmers in the agricultural trade sector. The position of farmers as the main subject in the development of the agricultural sector needs to be considered, especially regarding the welfare of farmers. The agricultural sector is one of the leading sectors and is the economy’s...
Proceedings Article
Transformation of Environmental Regulations in Post-Mining Areas Towards a Just and Sustainable Society
K. M. S. Herman, Megawati Barthos, Ridwan Anthony Taufan, Badrunsyah Badrunsyah
Post-mining areas in Indonesia face serious challenges in the form of environmental degradation, social conflicts, and inequality in the welfare of local communities. Although the legal framework has regulated environmental aspects through Law Number 32 of 2009 concerning Environmental Protection and...
Proceedings Article
Analysis of the Concept of Certain Investigators in the R-KUHAP Using the Principle of Legality
Deni Setya Bagus Yuherawan, Fanny Tanuwijaya, Ferdricka Nggeboe, Subaidah Ratna Juita, Hermawan Hermawan
The concept of a certain investigator has the potential to cause problems. According to Article 1, number 4 of the R-KUHAP, a certain investigator is an official of an institution other than the National Police Investigator and the PPNS who is given investigative authority. Explanation of Article 6 paragraph...
Proceedings Article
Tracing the Root: The State of Emergency Under the Indonesian Constitution
Rahadian Diffaul Barraq Suwartono
The 1945 Constitution of Indonesia contains two distinct provisions addressing the State of Emergency, articulated through the terms “emergency” and “exigencies compel.” Although regulated under separate articles, both reflect a common foundation in the legal theory of Agamben’s state of exception. This...
Proceedings Article
Earmarking Tax Norms in Provincial Regional Regulation: Toward Fiscal Decentralization and Sustainable Budgeting
Siti Rahma Novikasari
Current laws and regulations in the field of taxation have regulated earmarking tax norms, one of which is the Regional Tax Law (Law 28/2009 as revised with Law 1/2022). So, this research seeks to examine how Regional Governments apply earmarking tax norms in the formation of Regional Regulations on...
Proceedings Article
Enhancing the Concept of Meaningful Participation in Presidential-Regulation Making in Indonesia: Towards Strong Presidentialism System
Akhyaroni Fu’adah
The Constitutional Court decision No. 90/PUU-XVIII/2020 declare that meaningful participation should be applied on laws and regulation making in Indonesia, including Presidential Regulations-making. Unfortunately, not all Indonesian have access to participate in the presidential regulations-making easily....
Proceedings Article
Why Diversion Remains Essential Even for Recidivist Juvenile Offenders?
Syarif Nurhidayat
Diversion regulations in Law number 11 of 2012 concerning the juvenile Protection System are limited not to crimes that are punishable by more than 7 years and are not repeated. The requirement that it is not a repetition is seen as contrary to the approach stipulated by the SPPA Law itself which must...
Proceedings Article
The Impact of Presidential Instruction 1/2025 on the Rights of Recipients of Legal Aid in the Yogyakarta Region
Rizky Ramadhan Baried, Guntar Mahendro, Ilham Pransetyo
Presidential instruction 1/2025 affects all state budget policies, including the legal aid budget under the ministry of law, while the need for case handling and assistance for the poor in various regions continues to increase, one of which is in Yogyakarta Province. This study aims to analyze the impact...
Proceedings Article
Biodiversity Conservation and Islamic Sentencing: An Analysis of Court Rulings on Offences against Sanctuary Reserve Areas
Ayu Izza Elvany, M. David Hanief
This research aims to analyse whether judicial decisions regarding offenses against sanctuary reserve areas align with the principle of biodiversity conservation by scrutinizing the restoration-based sentencing and Islamic sentencing. This doctrinal research employs both statutory and case approaches...
Proceedings Article
Jurisdiction Over Foreign Palm Oil Companies for Human Rights Violations in Indonesia
Dodik Setiawan Nur Heriyanto, Jaya Indra Santosa Putra
Human rights violations linked to the palm oil industry in Indonesia have emerged as a critical concern, drawing substantial international scrutiny. Over the past few decades, the rapid expansion of palm oil plantations has been accompanied by a range of human rights abuses, including land dispossession,...
Proceedings Article
Patent Collateral Formulation in the Framework of Patent Commercialisation Structuring in Indonesia
Sofyan Arief, M. Fadli, Yuliati Yuliati, Hanif Nur Widhiyanti, Amelia Sri Kusumadewi
Patents, as the exclusive rights of inventors, hold economic value and are legally recognised as objects of collateral under Indonesian law. However, collateral use faces challenges due to the lack of comprehensive legal provisions. Employing a normative juridical approach, this paper presents alternative...
Proceedings Article
Alternative Use of the Concept of “Collective Punishment” in Eradicating Corruption in Indonesia
Nu’man Aunuh, Muhammad Luthfi
This study examines the concept of collective punishment also called kinship punishment as applied in various legal systems, including historical practices in China (zu zhu during the Qin and Han dynasties), Israel (the demolition of Palestinian militants’ families’ homes), and North Korea (the association...
Proceedings Article
Legal Implications of the Advisory Council Regulations Perspective Trial of the Presidential System of Government
Catur Wido Haruni, Moh. Risqi Fadjar Romadhani
This study centers on the critical nature and legal consequences of reinstating the Supreme Advisory Council (DPA). In the draft legislation amending Law no. 19 of 2006 related to Wantimpres, the name was suggested to be DPA. If the authority is identical to Wantipres, there is no necessity to alter...
Proceedings Article
Alternative Punishment in Criminal Law Reform in Indonesia
Ratri Novita Erdianti, Jessica Widya Larossa
Criminal justice in Indonesia should serve to prevent and deal with crime, with options that benefit offenders, victims and society. Currently, many judges impose prison sentences, but this causes problems such as over capacity and lack of effective guidance. The writing of this article uses normative...
Proceedings Article
Analysis of Decision Number 226/Pdt.Sus-PKPU/2023/PN. Niaga.Jkt. Pst. in PKPU Dispute Resolution: A Business and Bankruptcy Law Perspective
Rahayu Hartini, Nur Aini, Brillian Eka Putri
This study aims to analyze Decision Number 226/Pdt.Sus-PKPU/2023/PN.Niaga.Jkt. Pst. in the context of settling debt suspension (PKPU) disputes from a business and bankruptcy law perspective. This study highlights the legal considerations used by judges, the relevance of the decision to the protection...
Proceedings Article
Protection of Human Rights in Cyberspace in the Digital Era
Cindy Monique, Tongat Tongat, Satrio Wisaksono
The advancement of information and communication technology has shifted many human activities into the digital realm, raising new challenges in the protection of human rights particularly regarding privacy, freedom of expression, and access to information. Personal data, as part of individual rights,...
Proceedings Article
The Construction of Sentencing Guidelines for Conditional Punishment in Cases of Domestic Violence Perpetrated by Military Personnel
Echa Annisa’ul Izzah, Shinta Ayu Purnamawati, Yaris Adhial Fajrin
The regulation of conditional punishment in Indonesia is stipulated in the Indonesian Penal Code (KUHP) as an alternative to imprisonment. With the development of sentencing practices, conditional punishment has become a primary sentencing option, as evidenced by its inclusion as a principal penalty...
Proceedings Article
Reformulation of the Crime Obstruction of Justice in Article 21 of Law No. 31 of 1999 in an Effort to Realize the 16th Pillar of the SDGs (Peace, Justice, and Strong Institutions)
Tinuk Dwi Cahyani, Ilyas Nuryasin, Wahyudi Kurniawan, Nabila Aprilia Rismara, Farhan Alif Ujilast
Obstruction of Justice can be interpreted as an act carried out intentionally or unintentionally to obstruct, hinder, or disrupt the investigation, prosecution, and trial process. One of the a policy was regulated in Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, Article...
Proceedings Article
Greening the Law: A Comparative Study of Green Investment Regulations in Indonesia, Singapore, and the European Union
Dwi Ratna Indri Hapsari, Andistya Pratama, Aditya Aji Syuhadha Ilmiawan, Isdian Anggraeny, Nur Putri Hidayah
This paper conducts a comparative legal analysis of green investment regulations in Indonesia, Singapore, and the European Union—three jurisdictions that represent varying levels of regulatory maturity, institutional capacity, and economic development. As climate change and environmental degradation...
Proceedings Article
Implementation of Constitutional Court Decision No. 45/PUU-IX/2011 in the Context of Malang Regency Spatial Planning: A Normative Juridical Study of Land Conflict Resolution in Forest Areas
Fifik Wiryani, Andiko Febriyan Praja Dewa, Herlena Fatikasari, Adila Hariyani
Constitutional Court Decision No. 45/PUU-IX/2011 provides an important legal basis for the designation of forest areas to be conducted through a legitimate and participatory process to ensure legal certainty for land certificate holders. This study uses a normative juridical method to analyze the alignment...
Proceedings Article
Criminal Liability of Influencers for Misleading Endorsements: Strengthening Consumer Protection in the Digital Age in Indonesia
Nurzakiah Nurzakiah, Haris Haris, Aprilia Bhirini Slamet
The rapid development of social media has given rise to the phenomenon of influencers individuals with substantial online followings who often engage in product or service endorsements. While influencer marketing has become a powerful tool in the digital economy, it also poses legal and ethical challenges,...
Proceedings Article
Addressing Structural Violence Against Women Through Transformative Legal Reform
Shinta Ayu Purnamawati, Sidik Sunaryo, Cekli Setya Pratiwi, Endah Lestari, Echa Annisa’ul Izzah
Structural violence against women persists as a deeply embedded and often invisible form of harm, manifesting through interconnected legal, political, cultural, and economic systems that perpetuate gender inequality and normalize exclusion. This paper explores how transformative legal reform can serve...
Proceedings Article
Building Resilient Societies by Redefining Justice for Children in Criminal Legal Systems
Sidik Sunaryo, Shinta Ayu Purnamawati, Cekli Setya Pratiwi, Endah Lestari, Echa Annisa’ul Izzah
This paper examines the urgent need to redefine justice for children in criminal legal systems as a foundational step toward building resilient societies, particularly in contexts affected by conflict, poverty, or systemic inequality. Traditional punitive approaches to juvenile justice often fail to...
Proceedings Article
Firearms, a Real Threat: A Criminal Law Review of Air Gun Abuse
Siti Wulandari
The abuse of air guns is becoming increasingly prevalent in society. Air guns, originally intended for shooting sports, are often misused as tools of intimidation, leading to violent crimes that threaten public safety. The method used in this research is normative juridical. The results indicate a specific...
Proceedings Article
Legal Analysis of the Constitutional Court Decision Number 60/PUU-XXII/2024 on the Threshold for Regional Head Candidates Reviewed from the Principles of Democracy
Mochamad Rizky Ferdiansyah Ramadhani, Catur Wido Haruni, Fitria Esfandiari
The Constitutional Court Decision Number 60/PUU-XXII/2024 creates broader opportunities for independent candidates and small political parties. This research examines the foundation for the legal reasoning of the judge and evaluates its consequences for Indonesian democracy, particularly in enhancing...
Proceedings Article
Plea Bargaining System Model in RKUHAP 2025: Special Path Analysis in Indonesian Criminal Procedure Law Reform
Kukuh Dwi Kurniawan
The high caseload in Indonesian courts is a significant challenge in the criminal justice system. One of the proposed solutions is the application of Plea Bargaining through special channels in the Criminal Code. This research aims to analyze the arrangement of Plea Bargaining in RKUHAP, the challenges...
Proceedings Article
Legal Problems in Data Collection and Management of Waqf Land Assets by Muhammadiyah Organization in Indonesia
Wahyudi Kurniawan, Muhammad Wahdini
The management of waqf land assets by Muhammadiyah, one of the largest Islamic organizations in Indonesia, presents complex legal challenges. These include unclear land status, incomplete registration, dualism in land ownership documents, and overlapping administrative authority. Despite the availability...
Proceedings Article
Procedural Justice and Substantive Justice for Regional Head Candidates in the Handling of Violations by Bawaslu
Moh. Risqi Fadjar Romadhani, Bayu Dwi Widdy Jatmiko, Surya Anoraga
This study will examine two forms of interest in the implementation of regional head elections in Indonesia, namely before the voting. The application of procedural justice and substantive justice can be a choice faced by the Election Supervisory Agency (Bawaslu) in handling cases of election violations....
Proceedings Article
The Legal Status of Apology in International Law: State Responsibility and the Limits of Accountability for Wrongful Acts
Cholidah Cholidah
This study investigates the intersection between apology and accountability in international law by addressing two central questions: What is the legal status of apology in international law, and to what extent can it be regarded as a form of acknowledgment or reparation under the law of state responsibility?...
Proceedings Article
Supervision and Accountability of Nazhir in the Waqf Legal System in Indonesia: A Legal Study of the Role of Nazhir in Realizing Social Justice
Muhammad Luthfi, Nu’man Aunuh, Yaris Adhial Fajrin
This study aims to analyze the legal regulations of waqf in Indonesia related to the supervision and accountability of waqf management by Nazhir. Waqf management in Indonesia after the enactment of the Waqf Law has received serious attention from the public and government, with the emergence of socio-economic...
Proceedings Article
Abuse of Circumstances in Land Sale and Purchase Binding Agreements: Between Breach of Contract and Unlawful Acts
Isdian Anggraeny, Herlena Fatikasari, Dwi Ratna Indri Hapsari, Nur Putri Hidayah, Isdiyana Kusuma Ayu
The Binding Sale and Purchase Agreement is a preliminary agreement used in land sales in Indonesia. However, its status often raises legal issues, especially in cases of default or abuse of circumstances. This article aims to analyze the status of binding sales agreements in civil law, explain the concept...
Proceedings Article
Elimination of Restrictions on the Type of Work in Outsourcing in Indonesia: An Analysis of Workers’ Legal Protection and a Comparative Study with Brazil and Mexico
Nur Putri Hidayah, Isdian Anggraeny, Dwi Ratna Indri Hapsari, Mutiara Anggun Puspa Insani
This paper aims to analyze the elimination of restrictions on the type of work in outsourcing practices based on Law No. 6 of 2023 from the perspective of worker legal protection. The research method used is normative juridical with a comparative legal approach, using primary legal materials in the form...