All of the articles in this proceedings volume have been presented at the 5th International Conference on Law Reform (5th INCLAR) during July 22-23, 2024 in Rayz Hotel, Malang, East Java, Indonesia. These articles have been peer reviewed by the members of the Scientific Committee and approved by the...

Health is a human right that must be protected and noticed by the government because health is also an indicator of social welfare in addition to economic and social. Life is a gift given by God that must be respected by everyone. The life given to every human being is a human right that can only be...

The right to health for every citizen provides an obligation for the state to fulfill one of them by controlling the circulation of cigarettes. Now there is also the addition of electronic cigarettes whose legal regulations are not yet clear. Regulation of cigarettes really requires firm public policy....

The increasing prevalence of narcotics crimes by children requires effective countermeasures. Diversion is one step to prevent children from the negative impacts of justice. However, diversion cannot be carried out for narcotics crimes by children as couriers because they do not meet the qualifications...

This study aims to analyze the impact of deregulation of railway laws on the creation of a healthy transportation market in Indonesia, focusing on the dominant position of PT Kereta Api Indonesia (PT KAI). As the entity that controls most of the railway infrastructure and operations, PT KAI plays a central...

The objective of this study is to highlight the significance of experts, specifically doctors and psychiatrists, in the enforcement of criminal law for victims with disabilities. This is governed by Article 30 of Law Number 8 of 2016, which pertains to Persons with Disabilities. This study employs a...

Amidst the decline in Indonesia’s Corruption Perception Index (CPI) with a score of 34 compared to the previous year, with a score of 38. The public has intensively criticized the existence of the KPK, namely whether the KPK institution is still needed, because the KPK is considered to have failed to...

The phenomenon that occurs in most developing countries such as Indonesia, marriage or marriage is not only carried out by people who are of legal age (adults). Based on Article 7 paragraph (1) of Law Number 1 of 1974 in conjunction with Law Number 16 of 2019 concerning marriage, in this case the minimum...

The world has experienced significant changes in the field of energy transition, one of which is in the automotive sector. Vehicles are now starting to increase in variety under the name electric vehicles. Electric vehicles are predicted to be the answer to excessive use of fossil fuels. Indonesia is...

This paper aims to test whether the facilities for accessibility of public services for consumers with disabilities on Transjakarta public transportation in the East Jakarta City area are by the DKI Jakarta Regional Regulations and the Law on Persons with Disabilities. The non-availability of adequate...

The rapid advancement of technology in the disruption era has led to the emergence of new forms of crime, presenting significant challenges for law enforcement and society at large. This paper explores the evolving landscape of crime, focusing on the complexities of cybercrimes, the inadequacies of current...

This article examines how scientific publications will soon die in Indonesia regarding some issues. This paper uses the legal method to give significant findings for Indonesian scholars. This paper found that some issues that would make scientific publications die were classified as the quality of scholars,...

Leprosy, is a chronic infectious disease caused by Mycobacterium leprae that has been known for centuries. Leprosy is often associated with strong social stigma, which can result in human rights violations against sufferers. Many studies show that discrimination against leprosy sufferers still occurs...

In the digital era, identity is very important to protect because it is a representation of a person in an electronic system. Along with the development of information technology, this type of crime is also developing along with the emergence of cybercrime. One type of cybercrime that threatens a person’s...

One of the factors of low public trust in paying zakat to the Amil Zakat Agency is because accountable reporting has not been fulfilled in this institution. The accountability of zakat reporting is regulated in Baznas Regulation Number 2 of 2016, the purpose of this study is to obtain information about...

Settlement of investment disputes through international arbitration is one of the mechanisms used to resolve disputes between foreign investors and host countries. International arbitration provides legal certainty and guarantees for the parties involved in the investment. However, the enforcement of...

The purpose of this study is to analyze the regulation of the impact of norm disharmony between article 35 letter b and article 43 paragraph 2 of Government Regulation Number 35 of 2021. The type of research used in writing this Law is a type of Normative Law research, with a Statue Approach approach....

The agrarian conflict on Rempang Island involving indigenous people and the government has resulted in legal uncertainty. The land status that overlaps with the Rempang Eco City project has led to several human rights violations. This research aims to find out the status of land in Rempang and the protection...

Case law between The New York Times (NYT) versus OpenAI and Microsoft raises problem urge about harmony between progress AI technology and protection right creation in the era of intelligence artificial. Study This use method study law normative with approach Constitution And conceptual, analyzing secondary...

In forest management, conflicts often occur between the interests of the government and customary law communities. Forest management in Indonesia has been the subject of complex debate, with differing perspectives between the government and indigenous communities. The research uses the literature study...

Children involved in the criminal justice system face complex challenges. Protecting the human rights of children in the criminal justice process is crucial to prevent abuse of power and ensure genuine justice. In this context, the implementation of children’s human rights in the criminal justice system...

Hoax news has become public consumption every second in this country, filling almost every virtual mass media timeline, spreading without constructive filters and nearly escaping the supervision of the authorities. Positive Law (applicable law) has stipulated criminal threats for spreaders of hoaxes...

Decision No. 798/Pid. B/2022/PN. Jkt.Sel is one of the decisions in Indonesia that is interesting to analyze. The decision is questionable, because it will bring good precedents or bad precedents in law enforcement in Indonesia in the future. The decision fulfills the three objectives of law enforcement,...

The living environment is a unity of space with objects and living creatures that can influence the continuity of life between humans and the surrounding environment. In order to enjoy a clean and pleasant environment, it is everyone's duty to preserve the environment. However, the reality on the...

The village head election is the most basic and real application of democracy in the community through the principle of one man one vote that the village community realizes a collective agreement to determine the fate of the people themselves, of course as the first spearhead of national democracy in...

The legal issue to be studied in this research is related to state protection of mother tongues, the use of which may also be used as a regional language in Indonesia. The Indonesian Constitution accommodates mother tongues with the phrase that the state respects and maintains regional languages within...

Progress over time goes hand in hand with advances in digitalization, however, regarding the management of artificial intelligence in written works that have Intellectual Property Rights, legal protection still tends to be minimal. Legal protection of Intellectual Property Rights is important for someone...

Indonesia recognizes only two genders, namely male and female, and does not recognize a third gender. This research aimed to discusses and analyzes the legality of gender reassignment on Identity Cards under Indonesian law, given this binary recognition, and further examines the legal position and status...

In January 2020, an epidemic caused by the Coronavirus disease (COVID-19) outbreak became widespread to many countries in the world. The COVID-19 outbreak raised concerns on the negative impact towards sea transportation on mainly foreign and domestic shipping that ply global international routes. The...

Corruption in Indonesia is a serious problem that has long hampered development and undermined public trust in the government. Although the penal approach, including prison sentences for perpetrators of corruption, has been applied for many years, significant results in reducing the level of corruption...

The Job Creation Law as the main regulation in job creation efforts through ease of doing business, improving the investment ecosystem and accelerating national strategic projects which is further regulated in Presidential Regulation Number 109 of 2020 becomes the basis for organizing the nickel mining...

The implementation of the idea of “Nawacita” which departs from the weak national economic cycle, the government has good intentions by accelerating the development of strategic projects through the enactment of laws and regulations related to the ease of implementation, one of which is in the release...

Art 28C paragraph (1) of the 1945 Constitution of the Republic of Indonesia ‘every person has the right to develop himself by fulfilling his basic needs, has the right to receive education and benefit from science and technology, art and culture, in order to improve the quality of his life and for the...

Surrogacy is the result of technological advances in the medical field which is currently developing rapidly not only in Indonesia but also throughout the world. However, it cannot be denied that this results in different views regarding strengths and weaknesses. Surrogate mother, some people even experts...

Article 6 paragraph (4) Implementation of the Waqf Rules provides opportunities for heirs to change and replace nadzir. However, these rules create a gap for heirs to transfer waqf assets to other nadzir. This research aims to determine the authority of heirs to change and replace nadzir in Indonesian...

The implementation of Law Number 1 Year 2023 on the Criminal Code (New Criminal Code) will commence in January 2026, and it exhibits numerous distinctions from the Old Criminal Code, encompassing the philosophical foundation, the objective of punishment, and the regulations about criminal penalties....

Advocates as an honorable profession (officium nobille) are obliged to provide legal assistance to poor people. However, in its implementation, advocates in providing legal aid to poor people provide unprofessional services. This impacts the difficulty of poor people getting access to justice. Furthermore,...

Sexual violence against children is a violation of moral norms and is an extraordinary crime. Then the government provides legal protection efforts by passing Law Number 17 of 2016 concerning the Stipulation of Government Regulations in Lieu of Law Number 1 of 2016 concerning the second amendment. Regarding...

The focus of this research is on the justice system model for disputes over village head election results. There are two problem formulations raised in this research, namely how to regulate disputes over village head election results in positive law and what is the model of the justice system for resolving...

In the medical field, it is also known as Medical Risk. Medical risk is a condition that is not desired by both the doctor and the patient, after the doctor has made the best possible efforts in accordance with the standards, but the unwanted thing still occurs. In Indonesia, the definition of medical...

Trademarks are one of the intellectual property rights regimes that influence the selling value and reputation of MSME creative economy products. The study in this article is related to the potential of creative economy products in the craft sector that are pursued by micro, small, and medium enterprises...

This article addresses how Indonesian marriage legislation changed from being private to being public, focussing especially on child marriage. The author of this study employs juridical-normative research techniques. This research combines conceptual analysis with legislation, there are two main topics...

As the philosophical basis of the Indonesian state, Pancasila encompasses various spiritual, social, and cultural values. Soekarno introduced Pancasila in his speech at the session of the Investigating Committee for Preparatory Work for Independence (BPUPK) on June 1, 1945, with the aim of unifying the...

This study explores the implementation of Corporate Social Responsibility (CSR) initiatives by PT Semen Gresik at its Rembang factory as a strategy for sustainable development. The research examines the various CSR programs undertaken by the company and their impact on the local community and environment....