Law Reform Research Articles

Eksistensi Hukum Pencatatan Perkawinan Dalam Reformasi Hukum Keluarga Di Dunia Islam

Legal reforms carried out by Islamic countries since the beginning of the 20th century starting with Turkey in 1917, then Egypt (1920 and 1929), Jordan (1951), Syria (1953) and Tunisia in 1956 with the publication of the Code of Personal Status Law or Majallah al-Ahwal ash-Syakhsiyah. Then several countries in Asia such as Indonesia Malaysia and others. The material of family law reform in general is about marriage registration because it did not exist at the time of the prophet or the companions and the classical fiqh books. If reviewed, marriage registration has positive values for the sake of order and convenience in this modern era. This research is a library research that examines legal issues by relying on secondary materials, analyzing and then concluding using the theory of legal modernization. In this paper, the author tries to classify the provisions of marriage registration based on three sides, the law of marriage registration, sanctions and registration mechanisms in various Muslim countries and identify the extent to which some Islamic countries depart from the teachings of classical fiqh in reforming family law. The regulation of marriage registration is different in every Muslim country, some of which strictly enforce it so that it determines it as a crime for violators or only makes registration as an administrative requirement, while in terms of the mechanism it is also applied differently in each country.

When history won’t go away: abortion decriminalisation, residual criminalisation and continued exceptionalism

Between 2002 and 2023 all Australian jurisdictions decriminalised abortion. This involved removing the regulation of abortion from criminal law and replacing it with standalone Acts or sections situated within health law. New health law regulations range from minimal in the ACT, the first to decriminalise, to complex, especially in NSW and SA where anti-abortion amendments delivered requirements such as counselling and prohibitions on sex-selective abortion. In all jurisdictions, the removal of abortion from criminal law was incomplete as new offences were introduced to penalise ‘unqualified’ people who perform or assist in the performance of an abortion. The South Australian Law Reform Institute referred to this new criminal law as a ‘residual offence’. The residual offence exemplifies how decriminalising Acts continue to exceptionalise abortion.

Patent law reform and innovation: An empirical assessment of the last 20 years

We ask whether four of the most important U.S. patent system reforms of the last 20 years—elimination of presumptive injunctive relief for victorious patent enforcers in eBay Inc. v. MercExchange, LLC, 547 U.S. 388 (2006); creation of the Patent Trial and Appeal Board (PTAB) in the America Invents Act; restriction of software’s eligibility for patent protection in Alice Corp. v. CLS Bank Int’l, 573 U.S. 208 (2014); and limitation of patent enforcers’ choice of forum in TC Heartland, LLC v. Kraft Foods Grp. Brands, LLC, 137 S. Ct. 1514 (2017)—had a measurable impact on innovation in the U.S. Specifically, we use a sample of publicly traded firms to construct firm-level measures of innovation and exposure to each reform and adopt a variety of difference-in-differences approaches that assesses how innovation-related activities changed post-reform at relatively exposed versus relatively unexposed firms. We find: a positive association between eBay and R&D spending by firms that were relatively more exposed to patent litigation prior to the Court’s decision; a positive association between the introduction of PTAB proceedings and R&D expenditures by firms that innovate in tech classes where PTAB has been most active; a positive association between Alice and R&D spending by software firms; and a positive association between TC Heartland and R&D spending by firms that thereafter could not be sued in the Eastern District of Texas, a court long associated with opportunistic forum shopping.

Relational self and farmworker law reform: the case of Indonesia

This article celebrates and explores Keebet Benda-Beckmann’s important work on the centrality of “relationality” in legal pluralism, in Indonesia in particular, and more generally in the non-Western world. We aim to extend Benda-Beckmann’s argument on the centrality of relationality and legal pluralism into our analysis of an urgent project of Indonesian law reform: farmworker protection. We make an interpretive claim on the status of “relational self” as an organizing idea in the Indonesian legal consciousness. To build that interpretive claim, we provide qualitative context drawn from our field research in two farmworker communities in rural West Java, Indonesia. With the situation of Indonesian farmworkers as its case study, this paper presents how relational self-construal can be a starting point for the introduction of a greater access to justice. To build its argument, the paper first identifies relational self as the Indonesian farmworkers’ central notion of self. Ultimately, the paper develops a model of law reform proposal that takes relational self as its overarching supposition.

Prevention of Falsification of Polygamous Marriage Identity in Lampung Province and Its Contribution to the Reform of Islamic Family Law in Indonesia

This article examines the problem of identity forgery in polygamous marriages in Lampung Province. This case arises because the husband is not open to the first wife and the strict regulations regarding polygamy. The purpose of the research is to analyse identity forgery from the perspective of Islamic law and positive law as well as preventive efforts that can be made as an Islamic family law reform in Indonesia. The method used is qualitative, with a case study approach, type of field research, data collection techniques, through observation, interviews and documentation. Interview respondents from the Head of the Lampung Province Religious Affairs Office, religious leaders and six perpetrators of marriage identity forgery. The findings show that identity forgery is done to trick the wife and the KUA, and violates the principles of justice in Islam and Marriage Law No. 1 of 1974. Prevention efforts involve increasing public awareness, the capacity of registration agencies, and revising stricter regulations. The conclusion states that these measures can prevent identity forgery and strengthen law enforcement, as well as contribute to a more just and transparent reform of Islamic family law.

Polygamy Law Reform Through the Development of the Aceh Qanun: A New Approach to Protecting the Rights of Women and Children in Indonesia

Aiming to legalize the practice of polygamy through the Raqan regulation, which is then outlined in the family Qanun, it needs to have restrictions on practicing polygamy, such as the concept of justice and sanctions for abuse committed by a husband. The purpose is to protect women as human beings whose rights must be protected along with the obligations and be executed. Then, the research aimed to analyze the construction of Islamic law reform in the family sector, especially in protecting the position of women and children in the context of the structure of the legal order and the occurrence of polygamy without the permission of the Mahkamah Syar’iyah in Nanggroe Aceh Darussalam. The research was qualitative using non-doctrinal juridical or sociological methods to reform the legal order of polygamy in Raqan using studies of legal order theory, al-hudud (legal boundaries), and al-mashlahah, using a historical approach and a legal philosophy approach. The findings showed that the idea of a legal order for polygamy in the family law community in Nanggroe Aceh Darussalam is the implementation of the idea of legal governance between compliance with Sharia and state law perfectly through raqan renewal. Legal reform is an illustration and parameter in implementing polygamy to realize benefits for individuals and society. And, protect the position of women and children who have not been accommodated in marriage law, so that they can live a harmonious life.

Punishable Offenses Leading to the Loss of Clerical Status According to The Code of Canon Law Currently in Force

In this article, the author presents and analyses delicts threatened by the penalty of dismissal from the clerical state according to the Code of Canon Law currently in force. In the introductory section, the author defends the validity of examining this topic, due to the reform of criminal law carried out by Pope Francis with the apostolic constitutionPascite gregem Dei of 23rd May 2021. This reform expands the catalogue of crimes which are punishable with the lifelong expiatory penalty dimissio de statu clericali. The author also provides an understanding of the concept of crime in canon law, and then, in the main part of the study, he presents and discusses individual crimes in the order corresponding to their arrangement in the revised Book VI of the Code of Canon Law devoted to penal sanctions in the Church.

Age Limit of Marriage in Islamic Family Law: A Comparative Study between Morocco, Pakistan, Malaysia, and Indonesia

The renewal of marriage laws in the Islamic world is not a new thing but has been debated since ancient times. The cause of these differences began with the rise of awareness from the community and scholars that the concept of Fiqh used was no longer in line with the times, so there needed to be a new legal reform that was in line with the demands of the Islamic community, especially in marriage in determining the age limit of marriage that occurred in Asian countries namely Morocco, Pakistan, Malaysia, and Indonesia. The development of knowledge about the situation and conditions of the developing community at that time was one of the factors that triggered family law reform. The method used in this writing is library research, with a legal analysis approach. so it involves an analysis of the legal regulations and provisions that apply in Islam. The regulation analysis carried out involves a comparison of family law in various countries related to the age limit of marriage. The discussion is interesting because it will provide consideration of the ideal age of marriage reviewed from the positive law of the country, and will know the historical side of the provision of age limits in marriage in comparative law in the country so that it is obtained in its application in the Islamic country it is different but not far from the age recommended in reaching adulthood and maturity of thinking, mental readiness because each country has its limits to measure the maturity of children to get married.

Najmuddin Ath Thufi Mashlahah as Legal Reasoning for Judges' Decisions and Its Contribution to the Reform of Indonesian Islamic Family Law

This article explores the concept of Mashlahah Najmuddin Ath Thufi as a legal reasoning for judges' decisions. The concept of Mashlahah Najmuddin Ath Thufi can be a solution for judges in deciding cases in court. The judges are required to build legal reasoning, who do not have strong legal reasoning can produce decisions that are considered Onvoldoende Gemotiveerd, namely decisions that are insufficient judgment. The question to be answered in this article is how is the construction of Mashlahah according to Najmuddin Ath Thufi in the legal reasoning of judges' decisions? What is the contribution of Najmuddin Ath Thufi's Mashlahah to the renewal of Islamic family law in Indonesia? The method of analysis uses qualitative, while the approach is normative. Data sources are obtained from books, law journals, court decisions and dictates. The results show that, Najmuddin ath Thufi's Mashlahah theory bases the constellation of Mashlahah on the superiority of human reason, based on the interpretation of the Prophet's hadith which reads la dharar wala dhirar. Mashlahah Najmuddin Ath Thufi as the basis of Legal Reasoning for judges' decisions focuses on rechtsvinding (law discovery) and creating new laws (rechtsschepping). Judges because of their position (ambtshalve), are not just the mouth or mouthpiece of the law (bouche de la loi), but become translators or givers of meaning (interpreters). Najmuddin ath Thufi's Mashlahah theory contributes to the reform of Islamic family law in Indonesia through court decisions.

The reform of Irish mental health law: Aligning with human rights obligations?

This article critically examines the proposed reforms to Irish mental health law the Mental Health Act 2001 (2001 Act). The article will provide background to the 2001 Act and the lengthy law reform process, which has resulted in the publication of the Heads of Bill that propose significant amendments. The article assesses the suggested reforms, considering Ireland's 2018 ratification of the UN Convention on the Rights of Persons with Disabilities (CRPD), which provides important context to the law reform process. The 2001 Act is the primary piece of legislation regulating mental health services and safeguarding the rights of persons subject to the legislation in Ireland. While passed in 2001, the legislation did not come into effect until 2006. The 2001 Act was seen as bringing Irish mental health law into compliance with international human rights law, in particular the European Convention on Human Rights (ECHR). However, Ireland's ratification of the CRPD has necessitated closer scrutiny of the legislation. This review has culminated in the publication of a Heads of Bill in July 2021 and pre-legislative scrutiny by the responsible parliamentary committee in 2022. The long title of the Heads of Bill explicitly states its goal of safeguarding individual autonomy and underscores its commitment to upholding and advancing the rights of people subject to the legislation. The analysis of the Heads of Bill addresses several key areas. These areas include a background to the long process of review, new guiding principles, the category of persons under the mental health legislation, mental health tribunals, consent to treatment, advance healthcare directives, provisions relating to children and young people, and independent advocacy. Based on this analysis of the Heads of Bill, recommendations are suggested which would strengthen respect for the human rights of persons subject to the legislation.

The Status of Children Outside of Marriage and Its Relevance to the Reform of Islamic Family Law in Indonesia

This research discusses the Status of Children Outside of Marriage and its Relevance to the Renewal of Islamic Family Law in Indonesia. This research aims to find out specifically how the status of children outside of marriage and its relevance to the reform of Islamic Family Law in Indonesia. The method used in this research is the method of collecting data through library research. Data is collected by collecting information from various sources of literature, such as books, journals, magazines, and so on. From this research, it can be concluded that the scholars agree that children born out of wedlock have family ties both with the mother and her family. This is also the case in the laws and regulations governing marriage law in Indonesia which stipulate that the only civil relationship of children born out of wedlock is with the mother and her family. Nevertheless, the plaintiff permitted the Constitutional Court to conduct a judicial review, especially to ensure that her child was given permanent legal status and accepted by the defendant's family. After the respondent disputed the existence of the child and ignored the child's civil rights, including payment of monthly living expenses and school fees, the plaintiff was forced to take legal action. Thus, the Constitutional Court decided to partially grant the petitioners' claims based on the reasoning of the Panel of Judges. It was an extraordinary ijtihad when the Constitutional Court issued a new ruling on the status of children born out of wedlock. The Constitutional Court's decision is supported by arguments that are in the public interest (al-mashlahah al-'ammah), including protecting the future of children and providing a deterrent effect on men who have free sex so that adultery does not become commonplace. At least today, we can observe that legal progress in Indonesia also considers vulnerable groups, especially children.

The Position of Women and Women's Rights in Islamic Family Reform: A Comparison in Indonesia and Tunisia

This research was prepared with the aim of discussing the position and fight for women's rights in the Islamic Family reform (Comparison in Indonesia and Tunisia). Some women demand that their rights be taken away by male hegemony. This theme ultimately falls within the scope of the Holy Quran which is used as a source of legitimization of the relationship between men and women. The research method used in this study is the method of collecting data through library research. Data is collected by gathering information from various sources of literature, including books, magazines, journals, and others. From this research, it can be concluded that the reform of Islamic family law in Indonesia and Tunisia was carried out to answer the needs of the times and especially to raise the degree (status) of women, namely through nurturing, preserving and then fighting for women's rights. Although the minimum standards of marriage and polygamy differ in the two countries, they share a similar principle and goal: the protection of women's rights. Nonetheless, these rights are equivalent by nature in sharia (maqasyid ash-shari'ah), such as the right to mental and psychological health (equivalent to the nature of hifz an-nafs/maintaining the soul), then the right to maintain reproductive health (equivalent to the nature of hifdz al-nasl/maintaining offspring), Furthermore, the right to obtain equal opportunities in the field of education (commensurate with the nature of hifdz al-'aql / preserving the intellect) and the provisions of polygamy between the two countries also have commensurate goals and principles, namely to protect women's honor or human rights (commensurate with the principle of hifdz al-'ird).

Islamic Law Reform in Indonesia: A Perspective on Muhammad Abid Al-Jabiri’s Thought

This study explores the handling of tradition (turath) within Arab society, particularly in the context of modernity and progress. It focuses on the contributions of ‘Abed al-Jabiri, a prominent Muslim philosopher, whose ideas underscore the value of tradition during times of rapid social change. Utilizing a descriptive analysis method, this research examines the interpretation of the Qur’an and Hadith to assess the relevance of ancient scholarly findings to contemporary issues. The study highlights how Islamic feminism, viewed through the lens of Irfani epistemology, seeks to reconstruct these classical insights to align with modern ideals. Islamic feminism is presented as a humanistic ideal rooted in conscience, guided by moral and ethical principles encompassing universal goodness (ma’ruf), individual goodness (khair), happiness (sa’adah), and virtuous deeds (fadhilah). This paper contributes to the discourse on integrating traditional Islamic thought with modern feminist principles, offering a perspective enriched with ethical and spiritual dimensions.

Sexual Violence Crime Reform in Indonesia: Political and Legal Characteristics of Its Formation

Handling sexual violence and gender-based violence remains a significant issue in Indonesia. The state plays a crucial role in ensuring the enforcement of laws against sexual violence by enacting Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS). This study aims to identify the legal characteristics of UU TPKS. The study employs the literature review method. This research is descriptive-analytic, focusing on normative juridical legal research. The results show that the state is obliged to provide human rights protection, particularly in the context of eliminating sexual violence. UU TPKS is characterized as a responsive legal product. It fulfils the state's duty to provide comprehensive legal protection, encompassing prevention, resolution, and mitigation of both psychological and material losses suffered by victims of sexual violence due to the introduction of new formulations regarding sexual violence crimes that were not present in previous legislation. The criminal law reform in UU TPKS aims to change the existing legal substance to enhance the effectiveness of law enforcement, address crime, and tackle social and humanitarian issues. UU TPKS will become the primary and foremost special regulation in combating Sexual Violence Crimes, complementing the existing legislation that previously regulated the substance of sexual violence crimes.

CLASSIFICATION OF SUBJECTS OF ADMINISTRATIVE LAW AND THE PLACE OF A LAWYER IN IT

The relevance of the studied topic is that subjects of administrative law are one of the most important elements of the legal system, since we are talking about such participants in admin­istrative-legal relations who solve tasks and perform the functions of executive power, who co­ordinate administrative and control-supervisory powers in branches of state administration and local self-government, consider cases of administrative offenses committed by individuals and legal entities in various spheres of public life, etc. It is important to clearly classify the place of each element of the system of administrative legal relations, in order to understand the direct powers and duties assigned to it. Without a deep understanding of the assigned role by each participant in administrative and legal relations, the very functioning of such a system is at risk. The main problems that need to be considered and solved at the new stage of the develop­ment of modern science and practice include the definition of subjects of administrative law, the analysis of their essence and features, as well as the outline of the main criteria for clas­sification. A necessary condition for the successful reform of administrative law as a fundamental branch of Ukrainian state law is the updating of the provisions of the theoretical and method­ological base of administrative and legal science. The article examines the systems of classification of subjects of administrative law exist­ing in modern legal science. The essence and content of the concept of “subject of administra­tive law”, as well as generally accepted definitions of this term, were studied. An attempt was made to establish the place of a lawyer in the system of subjects of admin­istrative law of Ukraine. A comprehensive approach to distinguishing and classifying a lawyer as a subject of administrative law is applied, taking into account the peculiarities of legal status, organizational and legal form of activity and the scope of public powers. However, the analysis of special literature shows that only a few researchers tried to con­sider the lawyer as a subject of administrative law or to determine his place in the accepted classifications.

Towards a New Criminal Offence of Intimate Intrusions

This article suggests a new approach to tackling women’s experiences of harm and abuse, particularly online, namely a criminal law of ‘intimate intrusions’. It seeks to reinvigorate Betsy Stanko’s (1985) concept of intimate intrusions, developing it particularly in the context of the ever-increasing prevalence of online abuse against women and girls, as well as establishing how this conceptualisation might manifest in law reform. Intimate intrusions, it is argued, provides a valuable umbrella concept that may better encompass both the range and nature of existing harms, as well as, crucially, the yet-to-be-imagined modes of abuse. Further, in suggesting a new criminal offence of intimate intrusions, this article challenges the common process of piecemeal criminal law reform, with each new manifestation of abuse resulting in a specific offence tackling that specific behaviour. While such an approach provides new redress options, it remains limited. Following an examination of recent reforms in Northern Ireland, where three distinct new criminal offences were adopted covering downblousing, upskirting and cyberflashing, this article suggests that the concept of ‘intimate intrusions’ provides a better foundation for a new criminal offence and outlines its potential nature and scope.

Road safety implications of the partial legalisation of cannabis in Germany: protocol for a quasi-experimental study

IntroductionGermany is reforming its legal approach to cannabis, allowing the possession and cultivation of cannabis for recreational purposes. The objective of this study is to investigate the impact of the...

Changes in Judicial Behaviour after the Reform of the Lithuanian Civil Procedure

The article aims to assess whether the procedural innovations introduced by the reform of the civil procedure law of the Republic of Lithuania have brought changes in judges’ behaviour, which the reform intended to achieve. The study analyses the driving reason behind the reform of the civil procedure law, its objectives, and the ways the five innovations brought about by the reform changed the behaviour of the judges. The analysis of the legal sources and the empirical study show that some of the innovations introduced by the Civil Procedure Code have not yet been properly assimilated and that the code, which has been in force for twenty years, is still not fully operational and understood.

Jeremy Bentham on Religion and Law Reform

Jeremy Bentham on Religion and Law Reform

AS THE IMPOVERISHED GET EVEN POORER: AN ANALYSIS ON THE IMPACT OF PHILIPPINE TRAIN LAW TO THE MINIMUM WAGE EARNER

In the Philippines, the TRAIN Law or tax reform for acceleration and inclusion legislation was put into effect in 2018. This law sought to significantly alter the nation's tax structure in order to increase money for poverty alleviation, healthcare, and infrastructure. One of the features of the law was to increase the income threshold below which minimum wage earners would not be required to pay income tax. But it also resulted in higher costs for goods and services, which had an effect on Metro Manila's level of living. This qualitative research examines the significant data and information based on the participant's experiences with the TRAIN law. Semi-structured questions were used in the in-depth interview to facilitate deeper clarification and additional discussion. The results show that the majority of the impact of the law on the poor is related to basic needs like food, for which they must cut their budget in order to survive because there are other expenses to consider, such as utility bills and debts. Moreover, it impacts an individual's emotional and overall health, including mental health concerns brought on by financial difficulties. Additionally, it has an impact on their social interaction because they tend to engage with others less frequently because they are preoccupied with the things that need significant financial outlays. Thus, it may be inferred that the poor income class households' standard of living declined with the introduction of TRAIN law. KEYWORDS: tax reform law, poverty alleviation, minimum wage earner