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  • Research Article
  • 10.19184/jkph.v5i1.53695
Revocation of Land Gifts for Breach of Filial Responsibility: A Comparative Study of Indonesia and India
  • Jun 27, 2025
  • Jurnal Kajian Pembaruan Hukum
  • Grace Sharon + 4 more

The transfer of land rights through gifts within familial relationships often entails obligations of filial responsibility, particularly the duty of children to care for their elderly parents. As the increasing disputes over property transfers within familial relationships, this study addresses the legal grounds and consequences of revoking land gift agreements in Indonesia and India when recipients fail to fulfil their filial obligations. So the urgency of the results of this research can help to renew civil law in Indonesia, in particular, and add to the literature as a more general research concept. This article is a normative legal research methodology with statutory, conceptual, and comparative approaches. The findings reveal a doctrinal divergence: Indonesian law mandates explicit conditions within the gift deed to allow revocation based on filial neglect, emphasising a textual interpretation under Article 1688 of the Indonesian Civil Code. Conversely, Indian law, notably through Article 23 of the Welfare of Parents and Senior Citizens Act, recognises both explicit and implicit filial duties as valid grounds for annulment, facilitating broader judicial protection for elderly donors. The study highlights the restrictive scope of Indonesian legal enforcement compared to the more flexible, purposive judicial approach in India, which prioritises substantive justice and familial welfare. These insights suggest that Indonesian legal reforms could benefit from adopting similar flexibility to strengthen safeguards for elderly parents, mitigate intra-family conflicts, and ensure equitable intergenerational property transfers, because the similarity between Indonesia and India is the application of a legal system influenced by customary law.

  • Research Article
  • 10.19184/jkph.v5i1.53694
The Chilling Effect of International Investment Law and Indonesia’s Preventive Steps to Overcome It
  • Jun 21, 2025
  • Jurnal Kajian Pembaruan Hukum
  • Putu George Matthew Simbolon + 1 more

This research is necessary due to the chilling effect brought about by the IIL and the provision under Article 32 of the Indonesian Capital Investment Law, which potentially brings adverse effects to the Government of Indonesia. Such adverse effects can manifest as substantial compensation claims and policy adjustments contrary to national interests. Unlike previous research concerning Indonesia prior to the IIL regime, the distinctive feature of this study is the implementation of the exhaustion of local remedies doctrine based on IIL doctrines, past ICSID cases, and dispute settlement procedures under BITs. This research comprises four discussions outlined below. The first discussion outlines prior research concerning Indonesia before the IIL regime, along with the novelty discussion. Meanwhile, the second discussion explains the adverse effects of ISDS and SSID on Indonesia's sovereignty and its diplomatic relations with other ICSID Convention members. The third discussion emphasises that Indonesia should not perceive the IIL as an isolated regime, allowing it to utilise this legal framework to prevent disputes through international arbitration and adopt objective investment measures. Lastly, the fourth discussion describes how Indonesian local courts should be employed to resolve foreign investment disputes. The expected contribution of this research is to enrich the literature concerning IIL from an Indonesian law perspective. Furthermore, this research is crucial to serve as guidance for Indonesian lawmakers when amending Article 32 of the Capital Investment Law.

  • Research Article
  • 10.19184/jkph.v5i1.53692
Greenwashing as a Crime and the Urgency of Redesigning Environmental Criminal Law Paradigm
  • Jun 5, 2025
  • Jurnal Kajian Pembaruan Hukum
  • Zico Junius Fernando + 3 more

Greenwashing, a deceptive practice wherein corporations falsely present their products, services, or policies as environmentally friendly, has emerged as a serious threat to environmental protection and consumer trust in the era of sustainable development. This paper argues that greenwashing should be recognised not merely as an ethical or regulatory violation but as a criminal offence within the framework of environmental criminal law. Through a normative-juridical approach combined with a comparative analysis of legal frameworks in various jurisdictions, this study explores the limitations of current civil and administrative sanctions in deterring greenwashing practices. The analysis reveals that the absence of criminal liability has allowed corporations to manipulate sustainability narratives without facing substantial legal consequences. By examining the socio-legal harms of greenwashing, including environmental degradation, market distortion, and erosion of public confidence, this paper advocates for a paradigm shift in environmental law enforcement. It proposes the integration of greenwashing as a distinct criminal act under environmental law, emphasising principles such as strict liability, corporate criminal responsibility, and the need for restorative justice mechanisms. The study concludes with policy recommendations for legal reform that align with the principles of ecological justice and sustainable governance, reinforcing the urgency to criminalise greenwashing as part of a broader effort to protect both the environment and the rights of consumers.

  • Research Article
  • 10.19184/jkph.v5i1.53689
Building Deliberative Democracy In Indonesia: Democracy Future and The Future of Democracy
  • May 24, 2025
  • Jurnal Kajian Pembaruan Hukum
  • Antony + 2 more

This research aims to analyse the development of democracy in Indonesia and explore the potential of applying the deliberative democracy model as an alternative to strengthening the quality of future democracy. Indonesian democracy has experienced fluctuations since independence, ranging from parliamentary democracy and guided democracy to Pancasila democracy and reform democracy. Although Indonesia is now recognised as the largest democratic country in Southeast Asia, the quality of substantive democracy still faces various challenges, such as political oligarchy, low meaningful citizen participation, and procedural democracy practices that lack public dialogue. This research employs normative legal research methods with a statutory, historical, and conceptual approach. It utilises secondary legal sources, comprising primary, secondary, and tertiary legal materials, which are analysed qualitatively and deductively. The results indicate that deliberative democracy, which emphasises rational discourse, inclusive participation, and argument-based collective decision-making, can serve as a middle ground between rigid procedural democracy and ideal substantive democracy. The implementation of deliberative democracy in Indonesia requires institutional reform, the strengthening of citizen capacity, and the opening of deliberative spaces in both digital and institutional realms. This research recommends a paradigm shift in democracy towards a more participatory, reflective, and equitable direction as the foundation of future democracy.

  • Journal Issue
  • 10.19184/jkph.v5i1
  • May 24, 2025
  • Jurnal Kajian Pembaruan Hukum

  • Research Article
  • 10.19184/jkph.v5i1.53691
Reconstructing Population Law for ‎Transsexual Status Change Based on ‎Humanitarian Values
  • May 24, 2025
  • Jurnal Kajian Pembaruan Hukum
  • Tawakal Akbar Darojat + 2 more

Gender change regulations in Indonesia present complex legal and social challenges that require thorough examination to ensure protection and recognition of individual rights. This study aims to describe and analyse the ratio legis of the legal provisions regarding gender change from the perspective of Indonesian legislation, as well as to identify and analyse the relevance of these provisions to Werner Menski’s legal pluralism triangle concept. The research employs normative legal methods using statutory, philosophical, and conceptual approaches. Data collection is conducted through literature studies on laws and regulations, legal literature, and court decisions related to gender change. The results indicate that the ratio legis of gender change provisions reflects the state’s effort to protect and recognise the personal and legal status of every citizen. However, these provisions have not yet shown strong relevance to Werner Menski’s legal pluralism triangle concept, particularly regarding the legal protection of transgender individuals whose petitions for gender status changes have been rejected by the courts. The conclusion emphasises the need to adjust national legal norms to better respond to the complex moral, social, and cultural issues arising in a globalised society.

  • Research Article
  • 10.19184/jkph.v4i2.53366
Lex Cryptographia: Legal Extensions to Smart Contract Breaches and Governance in Blockchain Systems
  • Dec 5, 2024
  • Jurnal Kajian Pembaruan Hukum
  • Annas Rasid Musthafa + 3 more

The development of smart contract in a decentralized blockchain system raises various problems in the legal field marked by cases of smart contract violations such as the DAO, Parity Wallet, and PlayDapp cases. The breach of smart contract in the blockchain system affects the application and enforcement of conventional law in a virtual world that has no geographical jurisdiction. The limitations of conventional law in regulating the virtual world gave birth to various new legal concepts such as lex cryptographia and virtual state. This research aims to examine the expansion of law in blockchain systems and smart contract, especially in cases of breach of smart contract and the birth of new governance. This research uses doctrinal research methods with a case study approach and literature research. Based on the results of this research, the existence of smart contracts affects the legal expansion of their legitimacy and application as contracts that have legal force. Smart contract that have no ties to territorial jurisdiction give the parties to the smart contract complete freedom to regulate the settlement of contract violations, so that smart contracts become law, legal procedures, and punishment itself in carrying out its functions. In addition, the existence of smart contracts in the blockchain system also gave birth to lex cryptographia as a new law and a blockchain-based virtual state as a new governance model that is not limited by geographical areas.

  • Research Article
  • 10.19184/jkph.v4i2.52092
Prenuptial Agreement Between Indonesia and South Korea Regulations
  • Nov 18, 2024
  • Jurnal Kajian Pembaruan Hukum
  • Abiyyah Indi Asmarani + 3 more

This study examines the legal frameworks governing prenuptial agreements in Indonesia and South Korea, offering a comparative analysis between a developing and a developed nation in Asia. It explores cultural and societal attitudes that shape perceptions of such agreements in both jurisdictions. In South Korea, prenuptial agreements are also widely used. However, South Korea has one of the world’s lowest fertility rates, partly due to a declining interest in marriage. The research aims to evaluate regulatory frameworks, their impact on property arrangements, and the key similarities and differences in legal applications. Adopting study analyzes statutory laws, court decisions, expert opinions, and relevant literature. The comparative analysis highlights how both civil law systems address prenuptial agreements, focusing on property rights, joint assets, and marital obligations. Findings reveal that Indonesian regulations emphasize strict formality and limited scope, mainly addressing property, while South Korea permits broader flexibility and judicial discretion, including spousal support and child custody. The study concludes that while prenuptial agreements are legally binding in both countries, enforcement and societal acceptance differ significantly. It recommends harmonizing legal frameworks to ensure fairness and adaptability, especially in cross-national marriages. Indonesia could adopt South Korea’s flexible enforcement practices, while South Korea might benefit from stricter formal requirements for consistency. Such reforms could enhance the effectiveness of prenuptial agreements as tools for legal clarity and marital stability.

  • Research Article
  • 10.19184/jkph.v4i2.51726
Dilemma of Legal Transplantation in CCS Regulations: Between Harmonization and Adaptation to Local Context
  • Nov 13, 2024
  • Jurnal Kajian Pembaruan Hukum
  • Wahyu Fahmi Rizaldy + 1 more

Climate change necessitates innovative solutions like Carbon Capture and Storage (CCS) to reduce CO2 emissions. CCS involves capturing and storing CO2 in underground geological formations. Implementing CCS in Indonesia requires a comprehensive regulatory framework addressing technical standards, permits, monitoring, and financing, while also considering environmental and social risks. This research analyzes the dilemma of "legal transplantation" in Indonesian CCS regulations, balancing harmonization with international standards and adaptation to local contexts. Legal transplantation involves adopting legal rules from one jurisdiction to another. In this context, it might involve incorporating international best practices into Indonesian law. This raises questions about reconciling foreign legal elements with existing Indonesian legal frameworks and the country's unique context. This research employs normative legal methods with a qualitative approach. Data was gathered through literature reviews, comparative analysis, case studies, and comprehensive interviews. This study examines the impact of legal transplantation on developing CCS regulations in Indonesia, analyzing the challenges and opportunities in adapting regulations from other countries. It explores achieving a balance between global harmonization and local adaptation. Utilizing normative legal research methods with a qualitative approach, this research aims to contribute to developing effective and sustainable CCS regulations in Indonesia. With a suitable regulatory framework, CCS can be a crucial tool in mitigating climate change.

  • Research Article
  • 10.19184/jkph.v4i2.51889
Web-Based Citizen Contribution: An Model to Optimize Political Participation in the Legislation Function of the Representative Council
  • Nov 13, 2024
  • Jurnal Kajian Pembaruan Hukum
  • Muhamad Pelengkahu + 1 more

At present, legal products do not reflect public justice; rather, they serve the interests and triumph of political groups or elites that are technical, insubstantial, and short-term. This, of course, significantly interferes with the operation of the government system, which in turn disrupts the stability of society, particularly in terms of legal certainty. The objective of this research is to evaluate and develop a political participation scheme that can effectively engage the community at the grassroots level in the legislative function of the People's Representative Council. In terms of methodology, this research is normative legal research, which is evaluative in nature. Qualitative analysis techniques are employed to analyze secondary data. This reasearch indicate that the laws enacted by the People's Representative Council thus far have not been aspirational. This implies that they have not been able to take into account and implement the aspirations of all societal segments, resulting in their implementation being at odds with the community's desire. Consequently, we suggest the implementation of a web-based system for information, aspirations, and voting, which we refer to as WASIT. The utilization of website media is due to the fact that the internet is a daily necessity for the Indonesian populace. The KOMINFO and DUKCAPIL community have appointed an NGO that is specifically dedicated to legislative supervision to establish this system. NGOs are assigned the responsibility of developing a website with the assistance of KOMINFO. The Directorate General of DUKCAPIL will collect community data by logging in with the Citizen Identity Number.